Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action — Subtitle 2A. Health Care Malpractice Claims
Statutes in effect as of October 1, 2026.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-01 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3–2A-01LinkCopy Citation
(a)
In this subtitle the following terms have the meanings indicated unless the context of their use requires otherwise.
(b)
“Arbitration panel” means the arbitrators selected to determine a health care malpractice claim in accordance with this subtitle.
(c)
“Court” means a circuit court for a county.
(d)
“Director” means the Director of the Health Care Alternative Dispute Resolution Office.
(e)
“Economic damages” retains its judicially determined meaning.
(f)
(1)
“Health care provider” means a hospital, a related institution as defined in § 19–301 of the Health – General Article, a medical day care center, a hospice care program, an assisted living program, a freestanding ambulatory care facility as defined in § 19–3B–01 of the Health – General Article, a physician, a physician assistant, an osteopath, an optometrist, a chiropractor, a registered or licensed practical nurse, a dentist, a podiatrist, a psychologist, a licensed certified social worker–clinical, and a physical therapist, licensed or authorized to provide one or more health care services in Maryland.
(2)
“Health care provider” does not include any nursing institution conducted by and for those who rely upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination.
(g)
“Medical injury” means injury arising or resulting from the rendering or failure to render health care.
(h)
“Noneconomic damages” means:
(1)
In a claim for personal injury, pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury; or
(2)
In a claim for wrongful death, mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education, or other noneconomic damages authorized under Subtitle 9 of this title.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-02 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3–2A-02LinkCopy Citation
(a)
(1)
All claims, suits, and actions, including cross claims, third-party claims, and actions under Subtitle 9 of this title, by a person against a health care provider for medical injury allegedly suffered by the person in which damages of more than the limit of the concurrent jurisdiction of the District Court are sought are subject to and shall be governed by the provisions of this subtitle.
(2)
An action or suit of that type may not be brought or pursued in any court of this State except in accordance with this subtitle.
(3)
Except for the procedures stated in § 3-2A-06(f) of this subtitle, an action within the concurrent jurisdiction of the District Court is not subject to the provisions of this subtitle.
(b)
A claim filed under this subtitle and an initial pleading filed in any subsequent action may not contain a statement of the amount of damages sought other than that they are more than a required jurisdictional amount.
(c)
(1)
In any action for damages filed under this subtitle, the health care provider is not liable for the payment of damages unless it is established that the care given by the health care provider is not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities at the time of the alleged act giving rise to the cause of action.
(2)
(i)
This paragraph applies to a claim or action filed on or after January 1, 2005.
(ii)
(1)
In addition to any other qualifications, a health care provider who attests in a certificate of a qualified expert or testifies in relation to a proceeding before a panel or court concerning a defendant’s compliance with or departure from standards of care:
(A)
Shall have had clinical experience, provided consultation relating to clinical practice, or taught medicine in the defendant’s specialty or a related field of health care, or in the field of health care in which the defendant provided care or treatment to the plaintiff, within 5 years of the date of the alleged act or omission giving rise to the cause of action; and
(B)
Except as provided in subsubparagraph 2 of this subparagraph, if the defendant is board certified in a specialty, shall be board certified in the same or a related specialty as the defendant.
(2)
Subsubparagraph 1B of this subparagraph does not apply if:
(A)
The defendant was providing care or treatment to the plaintiff unrelated to the area in which the defendant is board certified; or
(B)
The health care provider taught medicine in the defendant’s specialty or a related field of health care.
(d)
Except as otherwise provided, the Maryland Rules shall apply to all practice and procedure issues arising under this subtitle.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-03 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3–2A-03LinkCopy Citation
(a)
The Health Care Alternative Dispute Resolution Office is created as a unit in the Executive Department. It is headed by a Director appointed by the Governor with the advice and consent of the Senate.
(b)
(1)
The Director shall receive the salary and may employ the staff provided in the State budget. He shall have the powers and perform the duties set forth in this subtitle.
(2)
The Director shall have subpoena power in any claim for which a panel chairman has not been appointed and in any claim for which a chairman is not performing his duties in a timely fashion.
(3)
The Director may adopt reasonable rules and regulations to govern procedures under this subtitle.
(4)
(i)
After giving a panel member at least 15 days’ notice of his intention and the reason for his proposed action, the Director may remove the panel member for good cause shown.
(ii)
On receipt of a notice of the intention to remove him, the panel member may submit a written statement of why he should not be removed. The Director shall consider any such statement that is submitted prior to the date for which notice of the intended action was given.
(iii)
In any event, a removal is not effective unless and until the Director submits to the panel member and the chairman a written confirmation of the removal.
(c)
(1)
Except as otherwise provided in this subsection, the Director shall prepare a list of qualified persons willing to serve as arbitrators of health care malpractice claims.
(2)
(i)
The list shall be divided into three categories, one containing the names of attorneys, one containing the names of individuals who are health care providers, and one containing the names of individuals from the general public who are neither attorneys, health care providers, or agents or employees of an insurance company or society.
(ii)
The list of health care providers shall, if practicable, include at least one health care provider from each recognized specialty, as requested by any party.
(iii)
The individuals from the general public shall be selected at random from existing or current jury lists, which a jury commissioner may make available to the Director when requested by the Director, only as allowed by rule that the Supreme Court of Maryland adopts.
(3)
An attorney is qualified to serve:
(i)
If the attorney has been in the practice of law in the State for 3 years; or
(ii)
If before January 1, 1986, the attorney’s name appeared on the list of qualified persons willing to serve as arbitrators of health care malpractice claims.
(4)
(i)
The list of health care providers shall include the names of all physicians licensed to practice medicine in the State, and who are residents of the State.
(ii)
Every physician who is licensed to practice medicine in the State, and who is a resident of the State, shall be available to serve as an arbitrator of health care malpractice claims.
(d)
The Director shall by regulation determine the fees that may be charged by arbitrators for services rendered by them in proceedings conducted pursuant to this subtitle.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-03A (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3-2A-03ALinkCopy Citation
(a)
There is a Health Claims Arbitration Fund.
(b)
At the time of the filing of any claim or a response to a claim, the Director shall collect a fee of:
(1)
$40 for the filing of the claim, including any third–party claim; and
(2)
$25 for the filing of the response to the claim.
(c)
(1)
The Director shall pay all filing fees collected under this subtitle to the Comptroller of the State.
(2)
The Comptroller shall distribute:
(i)
20% of the filing fees received from the Director to the General Fund of the State; and
(ii)
The balance of the filing fees to the Health Care Alternative Dispute Resolution Office.
(d)
(1)
The Fund shall be used exclusively to pay the fees of arbitrators and other operating expenses of the Health Care Alternative Dispute Resolution Office.
(2)
In accordance with the assessment of costs under § 3–2A–05(f) of this subtitle, the parties to an arbitration shall reimburse the Fund for all fees paid to the arbitrators from the Fund.
(e)
(1)
The Fund is a continuing, nonlapsing fund and is not subject to § 7–302 of the State Finance and Procurement Article.
(2)
(i)
Subject to subparagraph (ii) of this paragraph, any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified under this subtitle.
(ii)
Unspent portions of the Fund that exceed $100,000 at the end of any fiscal year shall revert to the General Fund.
(f)
(1)
The Director shall administer the Fund.
(2)
Money in the Fund may be expended only for any lawful purpose authorized by this subtitle.
(g)
The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-04 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3–2A-04LinkCopy Citation
(a)
(1)
(i)
A person having a claim against a health care provider for damage due to a medical injury shall file the claim with the Director and, if the claim is against a physician, the Director shall forward copies of the claim to the State Board of Physicians.
(ii)
The Director shall cause a copy of the claim to be served upon the health care provider by the appropriate sheriff in accordance with the Maryland Rules.
(iii)
The health care provider shall file a response with the Director and serve a copy on the claimant and all other health care providers named therein within the time provided in the Maryland Rules for filing a responsive pleading to a complaint.
(iv)
The claim and the response may include a statement that the matter in controversy falls within one or more particular recognized specialties.
(2)
A third–party claim shall be filed within 30 days of the response of the third–party claimant to the original claim unless the parties consent to a later filing or a later filing is allowed by the panel chairman or the court, as the case may be, for good cause shown.
(3)
A claimant may not add a new defendant after the arbitration panel has been selected, or 10 days after the prehearing conference has been held, whichever is later.
(4)
Until all costs attributable to the first filing have been satisfied, a claimant may not file a second claim on the same or substantially the same grounds against any of the same parties.
(b)
Unless the sole issue in the claim is lack of informed consent:
(1)
(i)
(1)
Except as provided in item (ii) of this paragraph, a claim or action filed after July 1, 1986, shall be dismissed, without prejudice, if the claimant or plaintiff fails to file a certificate of a qualified expert with the Director attesting to departure from standards of care, and that the departure from standards of care is the proximate cause of the alleged injury, within 90 days from the date of the complaint; and
(2)
The claimant or plaintiff shall serve a copy of the certificate on all other parties to the claim or action or their attorneys of record in accordance with the Maryland Rules; and
(ii)
In lieu of dismissing the claim or action, the panel chairman or the court shall grant an extension of no more than 90 days for filing the certificate required by this paragraph, if:
(1)
The limitations period applicable to the claim or action has expired; and
(2)
The failure to file the certificate was neither willful nor the result of gross negligence.
(2)
(i)
A claim or action filed after July 1, 1986, may be adjudicated in favor of the claimant or plaintiff on the issue of liability, if the defendant disputes liability and fails to file a certificate of a qualified expert attesting to compliance with standards of care, or that the departure from standards of care is not the proximate cause of the alleged injury, within 120 days from the date the claimant or plaintiff served the certificate of a qualified expert set forth in paragraph (1) of this subsection on the defendant.
(ii)
If the defendant does not dispute liability, a certificate of a qualified expert is not required under this subsection.
(iii)
The defendant shall serve a copy of the certificate on all other parties to the claim or action or their attorneys of record in accordance with the Maryland Rules.
(3)
(i)
The attorney representing each party, or the party proceeding pro se, shall file the appropriate certificate with a report of the attesting expert attached.
(ii)
Discovery is available as to the basis of the certificate.
(4)
(i)
In this paragraph, “professional activities” means all activities arising from or related to the health care profession.
(ii)
A health care provider who attests in a certificate of a qualified expert or who testifies in relation to a proceeding before an arbitration panel or a court concerning compliance with or departure from standards of care may not have devoted more than 25% of the expert’s professional activities to activities that directly involve testimony in personal injury claims during the 12 months immediately before the date when the claim was first filed.
(iii)
Once a health care provider meets the requirements of subparagraph (ii) of this paragraph, the health care provider shall be deemed to be a qualified expert as to subparagraph (ii) of this paragraph during the pendency of the claim.
(iv)
If a court dismisses a claim or action because a qualified expert failed to comply with the requirements of this subsection, unless there is a showing of bad faith, a party may refile the same claim or action before the later of:
(1)
The expiration of the applicable period of limitation; or
(2)
120 days after the date of the dismissal.
(v)
A claim or an action may be refiled under subparagraph (iv) of this paragraph only once.
(5)
An extension of the time allowed for filing a certificate of a qualified expert under this subsection shall be granted for good cause shown.
(6)
In the case of a claim or action against a physician, the Director shall forward copies of the certificates filed under paragraphs (1) and (2) of this subsection to the State Board of Physicians.
(7)
For purposes of the certification requirements of this subsection for any claim or action filed on or after July 1, 1989:
(i)
A party may not serve as a party’s expert; and
(ii)
The certificate may not be signed by:
(1)
A party;
(2)
An employee or partner of a party; or
(3)
An employee or stockholder of any professional corporation of which the party is a stockholder.
(c)
(1)
Within 20 days after the filing of the claimant’s certificate of a qualified expert, or, in a case in which lack of informed consent is the sole issue, within 20 days after the filing of the defendant’s response, the Director shall deliver to each party the names of six persons chosen at random from the attorney categorical list prepared by him pursuant to § 3–2A–03(c) of this subtitle, together with a brief biographical statement as to each of these persons.
(2)
No later than 20 days after receiving notice of the scheduled hearing, the Director shall deliver to each party the names of six persons chosen at random from each of the remaining categorical lists prepared by him pursuant to § 3–2A–03(c) of this subtitle, together with a brief biographical statement as to each of these persons. If the claim or the response states that the matter falls within one or more recognized specialties, the Director, if practicable, shall include persons in the specialty on the list from the health care provider category. Before delivering each list, the Director shall inquire of the persons selected and assure himself that they do not have a personal or economic relationship with any of the parties or their counsel, or any cases in which they are a party before the arbitration office, that can form the basis of any partiality on their part. If, in the judgment of the Director, a person selected has such a relationship with a party, his name shall be replaced by another chosen at random.
(3)
The biographical statements sent to the parties under this subsection shall have been updated within 2 years.
(d)
(1)
Within 15 days after delivery of the list, a party may object in writing stating the reasons therefor to the inclusion of any arbitrator on the list. If the Director finds a reasonable basis for the objection, he shall replace the name of the arbitrator with the name of another arbitrator. Within 30 days after delivery of the initial list or, if an arbitrator is replaced, within 30 days after delivery of the replacement list, each party shall strike from the list in each category any name or names that are unacceptable and return a copy of the list with his strikes to the Director. Upon motion of either party, the panel chairman, for good cause shown and in conjunction with the Director, shall require that subsequent strikes be made in a lesser period of time. A party may not strike more than two names in any category.
(2)
If:
(i)
The claim is against more than one health care provider, whether directly by a claimant or as a result of a third–party claim, the health care providers claimed against shall be treated as a single party and shall exercise their strikes jointly;
(ii)
There is more than one claimant, the claimants shall be treated as a single party and shall exercise their strikes jointly;
(iii)
Within the time period specified in paragraph (1) of this subsection, multiple claimants or multiple health care providers fail to agree on their strikes in any category, they shall notify the Director of their disagreement, and the Director may make the strikes on their behalf with respect to that category; and
(iv)
Any party fails to return a copy of the list with his strikes within the time period specified in paragraph (1) of this subsection, the Director may make the strikes for that party.
(e)
(1)
The Director shall compare the lists returned to him and the lists from which he has stricken names pursuant to subsection (d) of this section, and shall select the first mutually agreeable person in each category as the arbitrators.
(2)
The Director shall establish by regulation procedures for selection of alternates to serve in place of arbitrators unable to serve after appointment. Procedures for the selection of alternate arbitrators shall provide that alternate arbitrators are chosen at random from the categorical lists prepared by the Director under § 3–2A–03(c) of this subtitle, and may not be confined to time limitations in subsection (d)(1) of this section. The Director may require the attendance of an appropriate alternate at any proceeding under this subtitle.
(f)
(1)
The parties may, within the time for returning their lists to the Director, agree in writing upon a single arbitrator. In that event, they shall advise the Director in writing of their choice, and the one arbitrator shall constitute the arbitration panel.
(2)
The Director shall prepare a separate list of qualified attorneys willing to serve as single arbitrators.
(g)
An arbitrator shall have the immunity from suit described under § 5–615 of this article.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-05 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3–2A-05LinkCopy Citation
(a)
(1)
Except as provided under paragraph (2) of this subsection, all issues of law shall be referred by the Director to the panel chairman. All issues of fact shall be referred by the Director to the arbitration panel.
(2)
Where a panel chairman has not been appointed or is temporarily unable to serve, and the Director is admitted to the Maryland Bar, the Director may rule on all issues of law arising prior to hearing that are not dispositive of the case and shall include the assessment of costs.
(b)
(1)
The provisions of §§ 3–212 through 3–217 of this title are applicable to proceedings under this subtitle.
(2)
Except for the provisions of the Maryland Rules relating to time for the completion of discovery, the provisions of the Maryland Rules relating to discovery are applicable to proceedings under this subtitle. All discovery in any action under this subtitle shall be completed within 270 days from the date on which all defendants have been served, unless extended by the panel chairman for good cause shown.
(3)
Properly authenticated hospital records and the records of treating health care providers are admissible without the necessity of calling the physician, subject to reasonable notice and the right of the opposing party to depose.
(c)
The attorney member of the panel shall be chairman and he shall decide all prehearing procedures including issues relating to discovery and motions in limine. The chairman shall rule in camera on any motion in limine.
(d)
A party may not present testimony from more than 2 experts in a designated specialty before an arbitration panel unless the panel chairman, for good cause shown, permits additional experts.
(e)
(1)
The arbitration panel shall first determine the issue of liability with respect to a claim referred to it.
(2)
If the arbitration panel determines that the health care provider is not liable to the claimant or claimants the award shall be in favor of the health care provider.
(3)
If the arbitration panel determines that a health care provider is liable to the claimant or claimants, it shall then consider, itemize, assess, and apportion appropriate damages against one or more of the health care providers that it has found to be liable.
(4)
The award shall itemize by category and amount any damages assessed for incurred medical expenses, rehabilitation costs, and loss of earnings. Damages assessed for any future expenses, costs, and losses shall be itemized separately.
(f)
(1)
The award shall include an assessment of costs, including the arbitrators’ fees.
(2)
If there is no panel determination, the panel chairman shall assess costs.
(3)
The party who pays the costs shall receive a credit for the filing fee the party pays under § 3–2A–03A(b) of this subtitle.
(g)
(1)
The arbitration panel shall make its award and deliver it to the Director in writing within 1 year from the date on which all defendants have been served and within 10 days after the close of the hearing.
(2)
The Director shall cause a copy of it to be served on each party within 15 days of having received it from the arbitration panel.
(h)
(1)
A party may apply to the arbitration panel to modify or correct an award as to liability, damages, or costs in accordance with § 3–222 of this title.
(2)
(i)
The application may include a request that damages be reduced to the extent that the claimant has been or will be paid, reimbursed, or indemnified under statute, insurance, or contract for all or part of the damages assessed.
(ii)
The panel chairman shall receive such evidence in support and opposition to a request for reduction, including evidence of the cost to obtain such payment, reimbursement, or indemnity.
(iii)
After hearing the evidence in support and opposition to the request, the panel chairman may modify the award if satisfied that modification is supported by the evidence.
(iv)
The award may not be modified as to any sums paid or payable to a claimant under any workers’ compensation act, criminal injuries compensation act, employee benefit plan established under a collective bargaining agreement between an employer and an employee or a group of employers and a group of employees that is subject to the provisions of the federal Employee Retirement Income Security Act of 1974, program of the Maryland Department of Health for which a right of subrogation exists under §§ 15–120 and 15–121.1 of the Health – General Article, or as a benefit under any contract or policy of life insurance or Social Security Act of the United States.
(v)
An award may not be modified as to any damages assessed for any future expenses, costs, and losses unless:
(1)
The panel chairman orders the defendant or the defendant’s insurer to provide adequate security; or
(2)
The insurer is authorized to do business in this State and maintains reserves in compliance with rules of the Insurance Commissioner to assure the payment of all such future damages up to the amount by which the award has been modified as to such future damages in the event of termination.
(vi)
Except as expressly provided by federal law, no person may recover from the claimant or assert a claim of subrogation against a defendant for any sum included in the modification of an award.
(i)
Subject to § 3–2A–06 of this subtitle, the award of the panel shall be final and binding on the parties. After the time for either rejecting or modifying the award has expired the Director may, or, when requested by any party, shall file a copy of the award with the circuit court having proper venue, as provided in Title 6, Subtitle 2 of this article and the court shall confirm the award. Upon confirmation the award shall constitute a final judgment.
(j)
Except for time limitations pertaining to the filing of a claim or response, the Director or the panel chairman, for good cause shown, may lengthen or shorten the time limitations prescribed in subsections (b) and (g) of this section and § 3–2A–04 of this subtitle.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-06 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3–2A-06LinkCopy Citation
(a)
A party may reject an award or the assessment of costs under an award for any reason. A notice of rejection must be filed with the Director and the arbitration panel and served on the other parties or their counsel within 30 days after the award is served upon the rejecting party, or, if a timely application for modification or correction has been filed within 10 days after a disposition of the application by the panel, whichever is greater.
(b)
(1)
At or before the time specified in subsection (a) of this section for filing and serving a notice of rejection, the party rejecting the award shall file an action in court to nullify the award or the assessment of costs under the award and shall file a copy of the action with the Director. Failure to file this action timely in court shall constitute a withdrawal of the notice of rejection. Subject to the provisions of subsection (c) of this section, the procedures applicable to the action including the form and necessary allegations in the initial pleading shall be governed by the Maryland Rules. The Director need not be named a party to any action under this section.
(2)
If any party to the proceeding elects to have the case tried by a jury in accordance with the Maryland Rules, it shall be tried by a jury. Otherwise, the case shall be tried by a judge.
(3)
The trial date for each rejection of a panel determination shall have precedence over all cases except criminal matters and workers’ compensation appeals.
(4)
The clerk of the court in which an action is filed under this subtitle shall forward a copy of the action to the State Board of Physicians.
(c)
An allegation by any party that an award or the assessment of costs under an award is improper because of any ground stated in § 3-223(b) or § 3-224(b)(1), (2), (3), or (4) of this title or § 3-2A-05(h) of this subtitle shall be made by preliminary motion, and shall be determined by the court without a jury prior to trial. Failure to raise such a defense by pretrial preliminary motion shall constitute a waiver of it. If the court finds that a condition stated in § 3-223(b) of this title exists, or that the award or the assessment of costs under an award was not appropriately modified in accordance with § 3-2A-05(h) of this subtitle, it shall modify or correct the award or the assessment of costs under an award. If the rejecting party still desires to proceed with judicial review, the modified or corrected award shall be substituted for the original award. If the court finds that a condition stated in § 3-224(b)(1), (2), (3), or (4) of this title exists, it shall vacate the award, and trial of the case shall proceed as if there had been no award.
(d)
Unless vacated by the court pursuant to subsection (c) of this section, the unmodified arbitration award is admissible as evidence in the judicial proceeding. The award shall be presumed to be correct, and the burden is on the party rejecting it to prove that it is not correct.
(e)
(1)
Depositions taken in the arbitration proceedings shall be as fully admissible as if noticed in court proceedings. Interrogatories and requests for admissions and production of documents in the arbitration proceedings remain binding in the court proceedings, subject to a duty of supplementation.
(2)
The provisions of paragraph (1) of this subsection do not affect any rights to discovery on appeal.
(f)
(1)
Upon timely request, the trier of fact shall by special verdict or specific findings itemize by category and amount any damages assessed for incurred medical expenses, rehabilitation costs, and loss of earnings. Damages assessed for any future expenses, costs, and losses shall be itemized separately. If the verdict or findings include any amount for such expenses, costs, and losses, a party filing a motion for a new trial may object to the damages as excessive on the ground that the plaintiff has been or will be paid, reimbursed, or indemnified to the extent and subject to the limits stated in § 3-2A-05(h) of this subtitle.
(2)
The court shall hold a hearing and receive evidence on the objection.
(3)
(i)
If the court finds from the evidence that the damages are excessive on the grounds stated in § 3-2A-05(h) of this subtitle, subject to the limits and conditions stated in § 3-2A-05(h) of this subtitle, it may grant a new trial as to such damages or may deny a new trial if the plaintiff agrees to a remittitur of the excess and the order required adequate security when warranted by the conditions stated in § 3-2A-05(h) of this subtitle.
(ii)
In the event of a new trial granted under this subsection, evidence considered by the court in granting the remittitur shall be admissible if offered at the new trial and the jury shall be instructed to consider such evidence in reaching its verdict as to damages.
(iii)
Upon a determination of those damages at the new trial, no further objection to damages may be made exclusive of any party’s right of appeal.
(4)
Except as expressly provided by federal law, no person may recover from the plaintiff or assert a claim of subrogation against a defendant for any sum included in a remittitur or awarded in a new trial on damages granted under this subsection.
(5)
Nothing in this subsection shall be construed to otherwise limit the common law grounds for remittitur.
(g)
If the verdict of the trier of fact is not more favorable to the party that rejected the arbitration panel’s award, than was the award, the costs of the judicial proceedings shall be assessed against the rejecting party. Otherwise, the court may determine the assessment of such costs. If the court vacates an assessment of arbitration costs, it shall reassess those costs as justice requires.
(h)
Venue shall be determined in accordance with the provisions of § 6-201 of this article.
(i)
The clerk of the court shall file a copy of the verdict or any other final disposition with the Director.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-06A (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3-2A-06ALinkCopy Citation
(a)
At any time before the hearing of a claim with the Health Care Alternative Dispute Resolution Office, the parties may agree mutually to waive arbitration of the claim, and the provisions of this section then shall govern all further proceedings on the claim.
(b)
(1)
The claimant shall file with the Director a written election to waive arbitration which must be signed by all parties or their attorneys of record in the arbitration proceeding.
(2)
After filing, the written election shall be mutually binding upon all parties.
(c)
(1)
Within 60 days after filing the election to waive arbitration, the plaintiff shall file a complaint and a copy of the election to waive arbitration with the circuit court or United States District Court.
(2)
After filing the complaint, the plaintiff shall serve a summons and a copy of the complaint upon the attorney of record for all parties in the health claims arbitration proceeding.
(3)
Failure to file a complaint within 60 days of filing the election to waive arbitration may constitute grounds for dismissal of the complaint upon motion by an adverse party and upon a finding of prejudice to that party due to the delay in the filing of the complaint.
(d)
After filing the election to waive arbitration, the plaintiff may not join an additional health care provider as a defendant in any action brought under subsection (c) of this section unless a written election to waive arbitration has been filed by that health care provider under subsection (b) of this section.
(e)
In any case subject to this section, the procedures of § 3-2A-06(f) of this subtitle shall apply.
(f)
(1)
If the parties mutually agree to a neutral case evaluation, the circuit court or United States District Court, to which the case has been transferred after the waiver of arbitration, may refer the case to the Health Care Alternative Dispute Resolution Office not later than 6 months after a complaint is filed under subsection (c) of this section.
(2)
(i)
On receipt of the case, the Director shall send to the parties a list of six attorneys who:
(1)
Meet the qualifications listed in § 3-2A-03(c)(3) of this subtitle; and
(2)
Have tried at least three health care malpractice cases.
(ii)
Each party may strike two names from the list.
(iii)
If the claim is against more than one health care provider, whether directly by a claimant or as a result of a third-party claim, the health care providers claimed against shall be treated as a single party and shall exercise their strikes jointly.
(iv)
If there is more than one claimant, the claimants shall be treated as a single party and shall exercise their strikes jointly.
(v)
If multiple claimants or multiple health care providers fail to agree on their strikes or fail to return their strike list to the Director within the time specified in paragraph (vi) of this subsection, the Director shall make the strikes on their behalf.
(vi)
The strikes shall be submitted to the Director within 10 days after delivery of the list.
(vii)
The Director shall appoint an evaluator from the unstricken names on the list.
(3)
Upon appointment, the evaluator shall schedule a neutral case evaluation session to be held within 45 days after the appointment to pursue the neutral case evaluation of the claim or to resolve any issues to which the parties agree to stipulate before trial.
(4)
Within 10 days after the neutral case evaluation session, the evaluator shall notify, in writing, the Director and the circuit court or United States District Court of the results of the neutral case evaluation.
(5)
(i)
During the neutral case evaluation period, the circuit court or United States District Court shall continue to have jurisdiction to rule on any motions or discovery matters.
(ii)
The neutral case evaluation may not interfere with the scheduled trial.
(6)
(i)
The evaluator shall be paid in accordance with § 3-2A-03(d) of this subtitle.
(ii)
Unless otherwise agreed by the parties, the cost of neutral case evaluation, which may not exceed $300 per case, shall be divided equally between the parties.
(g)
The provisions of this section apply only if no party waives arbitration of the claim under the provisions of § 3-2A-06B of this subtitle.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-06B (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3-2A-06BLinkCopy Citation
(a)
Arbitration of a claim with the Health Care Alternative Dispute Resolution Office may be waived by the claimant or any defendant in accordance with this section, and the provisions of this section shall govern all further proceedings on any claim for which arbitration has been waived under this section.
(b)
(1)
Subject to the time limitation under subsection (d) of this section, any claimant may waive arbitration at any time after filing the certificate of qualified expert required by § 3-2A-04(b) of this subtitle by filing with the Director a written election to waive arbitration signed by the claimant or the claimant’s attorney of record in the arbitration proceeding.
(2)
The claimant shall serve the written election on all other parties to the claim in accordance with the Maryland Rules.
(3)
If the claimant waives arbitration under this subsection, all defendants shall comply with the requirements of § 3-2A-04(b) of this subtitle by filing their certificates at the Health Care Alternative Dispute Resolution Office or, after the election, in the appropriate circuit court or United States District Court.
(c)
(1)
Subject to the time limitation under subsection (d) of this section, any defendant may waive arbitration at any time after the claimant has filed the certificate of qualified expert required by § 3-2A-04(b) of this subtitle by filing with the Director a written election to waive arbitration signed by the defendant or the defendant’s attorney of record in the arbitration proceeding.
(2)
The defendant shall serve the written election on all other parties to the claim in accordance with the Maryland Rules.
(3)
If a defendant waives arbitration under this subsection, the defendant shall comply with the requirements of § 3-2A-04(b) of this subtitle by filing the certificate at the Health Care Alternative Dispute Resolution Office, or, after the election, in the appropriate circuit court or United States District Court.
(d)
(1)
A waiver of arbitration by any party under this section may be filed not later than 60 days after all defendants have filed a certificate of qualified expert under § 3-2A-04(b) of this subtitle.
(2)
Any waiver of arbitration after the date specified in paragraph (1) of this subsection shall be in accordance with the provisions of § 3-2A-06A of this subtitle.
(e)
After filing, the written election shall be binding upon all parties.
(f)
(1)
Within 60 days after the filing of an election to waive arbitration by any party, the plaintiff shall file a complaint and a copy of the election to waive arbitration in the appropriate circuit court or the United States District Court.
(2)
After filing the complaint, the plaintiff shall serve a summons and a copy of the complaint upon all defendants or the attorney of record for all parties in the health claims arbitration proceeding.
(3)
Failure to file a complaint within 60 days of filing the election to waive arbitration may constitute grounds for dismissal of the complaint upon:
(i)
A motion by an adverse party; and
(ii)
A finding of prejudice to the adverse party due to the delay in the filing of the complaint.
(g)
After the filing of an election to waive arbitration under this section, if a party joins an additional health care provider as a defendant in an action, the party shall file a certificate of qualified expert required by § 3-2A-04(b) of this subtitle with respect to the additional health care provider.
(h)
In any case subject to this section, the procedures of § 3-2A-06(f) of this subtitle shall apply.
(i)
(1)
If the parties mutually agree to a neutral case evaluation, the circuit court or United States District Court, to which the case has been transferred after the waiver of arbitration, may refer the case to the Health Care Alternative Dispute Resolution Office not later than 6 months after a complaint is filed under subsection (c) of this section.
(2)
(i)
On receipt of the case, the Director shall send to the parties a list of six attorneys who:
(1)
Meet the qualifications listed in § 3-2A-03(c)(3) of this subtitle; and
(2)
Have tried at least three health care malpractice cases.
(ii)
Each party may strike two names from the list.
(iii)
If the claim is against more than one health care provider, whether directly by a claimant or as a result of a third-party claim, the health care providers claimed against shall be treated as a single party and shall exercise their strikes jointly.
(iv)
If there is more than one claimant, the claimants shall be treated as a single party and shall exercise their strikes jointly.
(v)
If multiple claimants or multiple health care providers fail to agree on their strikes or fail to return their strike list to the Director within the time specified in paragraph (vi) of this subsection, the Director shall make the strikes on their behalf.
(vi)
The strikes shall be submitted to the Director within 10 days after delivery of the list.
(vii)
The Director shall appoint an evaluator from the unstricken names on the list.
(3)
Upon appointment, the evaluator shall schedule a neutral case evaluation session to be held within 45 days after the appointment to pursue the neutral case evaluation of the claim or to resolve any issues to which the parties agree to stipulate before trial.
(4)
Within 10 days after the neutral case evaluation session, the evaluator shall notify, in writing, the Director and the circuit court or United States District Court of the results of the neutral case evaluation.
(5)
(i)
During the neutral case evaluation period, the circuit court or United States District Court shall continue to have jurisdiction to rule on any motions or discovery matters.
(ii)
The neutral case evaluation may not interfere with the scheduled trial.
(6)
(i)
The evaluator shall be paid in accordance with § 3-2A-03(d) of this subtitle.
(ii)
Unless otherwise agreed by the parties, the cost of neutral case evaluation, which may not exceed $300 per case, shall be divided equally between the parties.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-06C (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3-2A-06CLinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Alternative dispute resolution” means mediation, neutral case evaluation, neutral fact–finding, or a settlement conference.
(3)
“Mediation” has the meaning stated in Title 17 of the Maryland Rules.
(4)
“Mediator” means an individual who conducts mediation.
(5)
“Neutral case evaluation” has the meaning stated in Title 17 of the Maryland Rules.
(6)
“Neutral fact–finding” has the meaning stated in Title 17 of the Maryland Rules.
(7)
“Neutral provider” means an individual who conducts neutral case evaluation or neutral fact–finding.
(8)
“Settlement conference” has the meaning stated in Title 17 of the Maryland Rules.
(b)
(1)
This section does not apply if:
(i)
All parties file with the court an agreement not to engage in alternative dispute resolution; and
(ii)
The court finds that alternative dispute resolution under this section would not be productive.
(2)
In determining whether alternative dispute resolution would not be productive under paragraph (1)(ii) of this subsection, the court may consider whether the parties have already engaged in alternative dispute resolution.
(c)
In addition to the qualifications and requirements of Title 17 of the Maryland Rules, the Supreme Court of Maryland may adopt rules requiring a mediator, neutral provider, or individual conducting a settlement conference to have experience with health care malpractice claims.
(d)
Within 30 days of the later of the filing of the defendant’s answer to the complaint or the defendant’s certificate of a qualified expert under § 3–2A–04 of this subtitle, the court shall order the parties to engage in alternative dispute resolution at the earliest possible date.
(e)
(1)
Within 30 days of the later of the filing of the defendant’s answer to the complaint or the defendant’s certificate of a qualified expert under § 3–2A–04 of this subtitle, the parties may choose a mediator, neutral provider, or individual to conduct a settlement conference.
(2)
If the parties choose a mediator, neutral provider, or individual to conduct a settlement conference, the parties shall notify the court of the name of the individual.
(f)
(1)
If the parties do not notify the court that they have chosen a mediator, neutral provider, or individual to conduct a settlement conference within the time required under subsection (e) of this section, the court shall assign a mediator, neutral provider, or individual to conduct a settlement conference to the claim within 30 days.
(2)
(i)
Within 15 days after the parties are notified of the identity of the mediator, neutral provider, or individual conducting a settlement conference, a party may object in writing to the selection, stating the reasons for the objection.
(ii)
If the court sustains the objection, the court shall appoint a different mediator, neutral provider, or individual to conduct a settlement conference.
(3)
A mediator, neutral provider, or individual conducting a settlement conference shall follow the “Maryland Standards of Practice for Mediators, Arbitrators, and Other ADR Practitioners” adopted by the Supreme Court of Maryland.
(g)
The mediator, neutral provider, or individual conducting a settlement conference shall schedule an initial conference with the parties as soon as practicable.
(h)
(1)
At least 15 days before the initial conference, the parties shall send to the mediator, neutral provider, or individual conducting a settlement conference a brief written outline of the strengths and weaknesses of the party’s case.
(2)
A party may not be required to provide to another party the written outline described in paragraph (1) of this subsection.
(i)
(1)
Alternative dispute resolution under this section may not operate to delay discovery in the action.
(2)
If the mediator, neutral provider, or individual conducting a settlement conference finds that the parties need to engage in discovery for a limited period of time in order to facilitate the alternative dispute resolution, the mediator, neutral provider, or individual conducting a settlement conference may mediate the scope and schedule of discovery needed to proceed with the alternative dispute resolution, adjourn the initial conference, and reschedule an additional conference for a later date.
(j)
A neutral expert may be employed in alternative dispute resolution under this section as provided in Title 17 of the Maryland Rules.
(k)
In accordance with Maryland Rule 17–109, the outline described in subsection (h) of this section and any written or oral communication made in the course of a conference under this section:
(1)
Are confidential;
(2)
Do not constitute an admission; and
(3)
Are not discoverable.
(l)
Unless excused by the mediator, neutral provider, or individual conducting a settlement conference, the parties and the claims representative for each defendant shall appear at all conferences held under this section.
(m)
A party who fails to comply with the provisions of subsection (h), (k), or (l) of this section is subject to the sanctions provided in Maryland Rule 2–433.
(n)
(1)
If a case is settled, the parties shall notify the court that the case has been settled.
(2)
If the parties agree to settle some but not all of the issues in dispute, the mediator, neutral provider, or individual conducting a settlement conference shall file a written notice of partial settlement with the court.
(3)
If the parties have not agreed to a settlement the mediator, neutral provider, or individual conducting a settlement conference shall file a written notice with the court that the case was not settled.
(o)
Unless otherwise agreed by the parties, the costs of alternative dispute resolution shall be divided equally between the parties.
(p)
An individual who conducts alternative dispute resolution shall have the immunity from suit described under § 5–615 of this article.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-06D (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3-2A-06DLinkCopy Citation
(a)
(1)
This section applies only to an initial complaint filed on or after January 1, 2005, for which a certificate of a qualified expert is required to be filed in accordance with § 3-2A-04 of this subtitle.
(2)
This section does not apply if the defendant admits liability.
(b)
(1)
Within 15 days after the date that discovery is required to be completed, a party shall file with the court a supplemental certificate of a qualified expert, for each defendant, that attests to:
(i)
The certifying expert’s basis for alleging what is the specific standard of care;
(ii)
The certifying expert’s qualifications to testify to the specific standard of care;
(iii)
The specific standard of care;
(iv)
For the plaintiff:
(1)
The specific injury complained of;
(2)
How the specific standard of care was breached;
(3)
What specifically the defendant should have done to meet the specific standard of care; and
(4)
The inference that the breach of the standard of care proximately caused the plaintiff’s injury; and
(v)
For the defendant:
(1)
How the defendant complied with the specific standard of care;
(2)
What the defendant did to meet the specific standard of care; and
(3)
If applicable, that the breach of the standard of care did not proximately cause the plaintiff’s injury.
(2)
An extension of the time allowed for filing a supplemental certificate under this section shall be granted for good cause shown.
(3)
The facts required to be included in the supplemental certificate of a qualified expert shall be considered necessary to show entitlement to relief sought by a plaintiff or to raise a defense by a defendant.
(c)
Subject to the provisions of this section:
(1)
If a plaintiff fails to file a supplemental certificate of a qualified expert for a defendant, on motion of the defendant the court may dismiss, without prejudice, the action as to that defendant; or
(2)
If the defendant fails to file a supplemental certificate of a qualified expert, on motion of the plaintiff the court may adjudicate in favor of the plaintiff on the issue of liability as to that defendant.
(d)
(1)
The Maryland Rules apply to filing and serving a copy of a certificate required under this section and in motions relating to a violation of this section.
(2)
Nothing contained in this section prohibits or limits a party from moving for summary judgment in accordance with the Maryland Rules.
(e)
For purposes of the certification requirements of this section:
(1)
A party may not serve as a party’s expert; and
(2)
The certificate may not be signed by:
(i)
A party;
(ii)
An employee or partner of a party; or
(iii)
An employee or stockholder of any professional corporation of which the party is a stockholder.
(f)
(1)
The clerk of the court shall forward to the Department of Health and Mental Hygiene copies of the certificates filed under this section.
(2)
In the case of a complaint against a physician, the Department of Health and Mental Hygiene shall forward to the State Board of Physicians copies of the supplemental certificate of a qualified expert filed under this section.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-07 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3–2A-07LinkCopy Citation
(a)
If the arbitration panel finds that the conduct of any party in maintaining or defending any action is in bad faith or without substantial justification, the panel may require the offending party, the attorney advising the conduct, or both, to pay to the adverse party the costs of the proceeding and reasonable expenses, including reasonable attorney’s fees, incurred by the adverse party in opposing it. A determination made under this subsection shall become part of the panel award and subject to judicial review.
(b)
If a legal fee is in dispute, an attorney may not charge or collect compensation for services rendered in connection with an arbitration claim unless it is approved by the arbitration panel, or by the court in the event an action to nullify a panel determination has been filed therein.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-08 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3–2A-08LinkCopy Citation
(a)
Evidence of advanced payments made pursuant to § 19-104(b) of the Insurance Article is not admissible in any arbitration or judicial proceeding for damages due to medical injury until there is an award, in the case of arbitration proceedings, or a verdict, in the case of judicial proceedings, in favor of the claimant and against the person who made the advanced payments. Upon the finding of such an award or verdict, the arbitration panel, or the trier of fact, shall make a finding of total damages, and shall then deduct whatever amounts it finds were paid by or on behalf of the defendants pursuant to § 19-104(b) of the Insurance Article. The net amount, after this deduction, shall be entered as its award or verdict.
(b)
If the award or verdict exceeds the amount of advanced payments and the arbitration panel or the court finds that the advanced payments were reasonable, the panel or the court may (1) order that the amount by which the award or verdict exceeds the amount of advanced payments be paid over a period of time consistent with the needs of the claimant, rather than in a lump sum, and (2) authorize, as part of its order, the creation of a trust or other mechanism to assure the periodic payments. The panel or court shall provide to the claimant the option to choose either a lump sum or payments paid over a period of time.
(c)
If the advanced payment exceeds the liability of the person making it, the arbitration panel or the court on appeal may order such adjustments as justice may require under the award or verdict, including, where appropriate, contribution by other parties found to be liable. In no event shall an advance payment in excess of the liability of the person making it be repayable by the person receiving it.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-08A (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3-2A-08ALinkCopy Citation
(a)
In this section, “costs” means the costs described under Maryland Rule 2-603.
(b)
This section does not apply to cases dismissed following a settlement.
(c)
(1)
At any time not less than 45 days before the trial begins, a party to an action for a medical injury may serve on the adverse party an offer of judgment to be taken for the amount of money specified in the offer, with costs then accrued.
(2)
When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, a party adjudged liable or a party in whose favor liability was determined may make an offer of judgment not less than 45 days before the commencement of hearings to determine the amount or extent of liability.
(d)
(1)
If within 15 days after the service of the offer of judgment, the adverse party serves written notice that the offer is accepted, either party may then file with the court the offer and notice of acceptance together with an affidavit of service notifying the other parties of the filing of the offer and acceptance.
(2)
If the court receives the filings specified in paragraph (1) of this subsection, the court shall enter judgment.
(e)
(1)
If an adverse party does not accept an offer of judgment within the time specified in subsection (d)(1) of this section, the offer shall be deemed withdrawn and evidence of the offer is not admissible except in a proceeding to determine costs.
(2)
An offer of judgment that is not accepted does not preclude a party from making a subsequent offer of judgment in the time specified in this section.
(f)
If the judgment finally obtained is not more favorable to the adverse party than the offer, the adverse party who received the offer shall pay the costs of the party making the offer incurred after the making of the offer.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-09 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3–2A-09LinkCopy Citation
(a)
This section applies to an award under § 3-2A-05 of this subtitle or a verdict under § 3-2A-06 of this subtitle for a cause of action arising on or after January 1, 2005.
(b)
(1)
(i)
Except as provided in paragraph (2)(ii) of this subsection, an award or verdict under this subtitle for noneconomic damages for a cause of action arising between January 1, 2005, and December 31, 2008, inclusive, may not exceed $650,000.
(ii)
The limitation on noneconomic damages provided under subparagraph (i) of this paragraph shall increase by $15,000 on January 1 of each year beginning January 1, 2009. The increased amount shall apply to causes of action arising between January 1 and December 31 of that year, inclusive.
(2)
(i)
Except as provided in subparagraph (ii) of this paragraph, the limitation under paragraph (1) of this subsection shall apply in the aggregate to all claims for personal injury and wrongful death arising from the same medical injury, regardless of the number of claims, claimants, plaintiffs, beneficiaries, or defendants.
(ii)
If there is a wrongful death action in which there are two or more claimants or beneficiaries, whether or not there is a personal injury action arising from the same medical injury, the total amount awarded for noneconomic damages for all actions may not exceed 125% of the limitation established under paragraph (1) of this subsection, regardless of the number of claims, claimants, plaintiffs, beneficiaries, or defendants.
(c)
(1)
In a jury trial, the jury may not be informed of the limitation under subsection (b) of this section.
(2)
If the jury awards an amount for noneconomic damages that exceeds the limitation established under subsection (b) of this section, the court shall reduce the amount to conform to the limitation.
(3)
In a wrongful death action in which there are two or more claimants or beneficiaries, if the jury awards an amount for noneconomic damages that exceeds the limitation under subsection (b) of this section or a reduction under paragraph (4) of this subsection, the court shall:
(i)
If the amount of noneconomic damages for the primary claimants, as described under § 3-904(d) of this title, equals or exceeds the limitation under subsection (b) of this section or a reduction under paragraph (4) of this subsection:
(1)
Reduce each individual award of a primary claimant proportionately to the total award of all primary claimants so that the total award to all claimants or beneficiaries conforms to the limitation or reduction; and
(2)
Reduce each award, if any, to a secondary claimant as described under § 3-904(e) of this title to zero dollars; or
(ii)
If the amount of noneconomic damages for the primary claimants does not exceed the limitation under subsection (b) of this section or a reduction under paragraph (4) of this subsection or if there is no award to a primary claimant:
(1)
Enter an award to each primary claimant, if any, as directed by the verdict; and
(2)
Reduce each individual award of a secondary claimant proportionately to the total award of all of the secondary claimants so that the total award to all claimants or beneficiaries conforms to the limitation or reduction.
(4)
In a case in which there is a personal injury action and a wrongful death action, if the total amount awarded by the jury for noneconomic damages for both actions exceeds the limitation under subsection (b) of this section, the court shall reduce the award in each action proportionately so that the total award for noneconomic damages for both actions conforms to the limitation.
(d)
(1)
A verdict for past medical expenses shall be limited to:
(i)
The total amount of past medical expenses paid by or on behalf of the plaintiff; and
(ii)
The total amount of past medical expenses incurred but not paid by or on behalf of the plaintiff for which the plaintiff or another person on behalf of the plaintiff is obligated to pay.
(2)
(i)
A court may on its own motion, or on motion of a party, employ a neutral expert witness to testify on the issue of a plaintiff’s future medical expenses or future loss of earnings.
(ii)
Unless otherwise agreed to by the parties, the costs of a neutral expert witness shall be divided equally among the parties.
(iii)
Nothing contained in this subsection limits the authority of a court concerning a court’s witness.
Md. Code Ann., Cts. & Jud. Proc. § 3-2A-10 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A. Health Care Malpractice Claims
§ 3–2A-10LinkCopy Citation
Except as otherwise provided in §§ 3-2A-08A and 3-2A-09 of this subtitle, the provisions of this subtitle shall be deemed procedural in nature and may not be construed to create, enlarge, or diminish any cause of action not heretofore existing, except the defense of failure to comply with the procedures required under this subtitle.