Legal Question in Medical Malpractice in Maryland

What form to use for healthcare alternative dispute resolution to extend time on filing an expert witness.


Asked on 9/08/16, 12:35 pm

1 Answer from Attorneys

Burt Kahn Joseph, Greenwald and Laake PA

BEFORE THE HEALTH CARE ALTERNATIVE DISPUTE

RESOLUTION OFFICE OF THE STATE OF MARYLAND

xxxx )

And )

)

xxxxx

)

Claimants )

)

vs. ) Case Number: xxx

)

xxxx )

)

and )

)

xxxx )

. )

)

Health Care Providers )

REQUEST FOR EXTENSION OF TIME TO FILE CLAIMANT’S CERTIFICATE OF QUALIFIED EXPERT AND REPORT

COMES NOW, the Claimants, xxxx and xxxx, and pursuant to Annotated Code of Maryland Courts and Judicial Proceedings Article, §§ 3-2A-04(b)(5) and 3-2A-05(j), hereby respectfully requests that the Health Care Alternative Dispute Resolution Office of Maryland extend the time for filing Claimant’s Certificate of a Qualified Expert and Report by ninety (90) days from June 28, 2016 to September 26, 2016, and in support thereof states the following:

1. Claimant’s Statement of Claim was timely filed on March 30, 2016.

2. Claimant’s Certificate of Qualified Expert and Report are currently due to be filed by June 28, 2016.

3. At this time, counsel is diligently working to secure an expert and obtain the necessary Certificate of Merit and report to support the claim.

4. Under the circumstances, Claimants request a 90 day extension pursuant to Courts & Judicial Proceedings Article §§ 3-2A-04(b)(5) and 3-2A05(j) based upon good cause.

5. Claimants are making this request for an extension in good faith and for good cause, and they anticipate that the additional time will be sufficient to file the Certificate of Qualified Expert and Report.

6. No prejudice will result to any party from the granting of this request.

WHEREFORE, Claimants respectfully request that the time for filing the Certificate of Qualified Expert and Report be extended by 90 days.

Respectfully submitted,

____________________________

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the ____ day of June, 2016, a copy of the foregoing was mailed, postage prepaid, to:

xxxx

_____________________________

xxxx

BEFORE THE HEALTH CARE ALTERNATIVE DISPUTE

RESOLUTION OFFICE OF THE STATE OF MARYLAND

xxxx )

)

And )

)

xxxxx )

)

Claimants )

)

vs. ) Case Number: xxxx

)

xxxxx. )

)

and )

)

xxx )

P.A. )

)

Health Care Providers )

ORDER

Upon consideration of the Claimants’ Request for Extension of Time to File the Certificate of Qualified Expert and Report, good cause having been shown, it is this _______ day of ___________________, 2016,

ORDERED, that the time for Claimants to file a Certificate of Qualified Expert and Report be extended by 90 days, until xxxxx, which is the new deadline for the filing

of these documents.

______________________________

Harry L. Chase, Director

Health Care Alternative Dispute Resolution Office of Maryland

good luck

Burt M. Kahn

6404 Ivy Lane, Suite 400

Greenbelt, Maryland 20770

(301) 220-2200

bkahn@jgllaw.com

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Answered on 9/08/16, 1:07 pm


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