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LUCRETIA DORCHY, et al. v. ROBERT C. HSIEH, M.D., et al.
LUCRETIA DORCHY, et al. v. ROBERT C. HSIEH, M.D., et al.
Listen to this articleTorts — Medical malpractice — Certificate of qualified expert
This appeal involves a medical malpractice action that is governed by the Health Care Malpractice Claims Act (“the Act”), which is codified in Md. Code (2013 Repl. Vol.) §§ 3-2A-01 – 3-2A-10, of the Courts and Judicial Proceedings Article (“CJP”). To bring a suit under the Act, where the amount sought is more than $30,000, a plaintiff must first file a claim with the Director of the Health Care Alternative Dispute Resolution Office (“HCADRO”). Unless the sole claim raised in the complaint is lack of informed consent, the complainant, within 90 days after filing a claim, must ordinarily file a certificate of a qualified expert (“the Certificate”) along with a report from that expert. The Certificate and report must attest to a health care provider’s departure from the relevant standard of care that proximately caused the injury. …
