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Maryland Courts Rule on Qualified Expert Certificate Questions

Published on Nov 27, 2012 at 1:05 pm in General Blogs.

One of the threshold requirements for filing a medical malpractice lawsuit is that a “Certificate of Qualified Expert” must be filed with Maryland Health Care Alternative Dispute Resolution Office (HCADRO), an administrative agency that promotes arbitration of medical claims. The certificate must state that the injury was caused by a departure from the standard of care and that this departure caused the alleged injury. The certificate must be filed within 90 days after the filing of the complaint.

The lawsuit will be dismissed if the certificate is not filed on time, unless an extension has been granted. Extensions are granted by the HCADRO director only under a showing of “good cause.”

Maryland’s federal trial court and the state’s Court of Special Appeals recently issued two rulings dealing with different questions on certificates.

Doctor’s Testimony Ruled Not Scientifically Valid in Workers’ Compensation Lawsuit Involving Mold

Published on Nov 3, 2012 at 1:07 pm in Workers Compensation.

One of the scourges of the modern-day world is mold and the impact of exposure upon our health. In a recent court case, Maryland’s Court of Special Appeals decided that a doctor’s opinion that exposure to mold led to a raft of problems for workers in a water-damaged building was not scientifically valid under the standard presently used in the Maryland court system.

The lawsuit stemmed from complaints by several employees of the Baltimore Washington Conference of the United Methodist Church (BWCUMC) of an odor emanating from the walls. A maintenance crew investigated and discovered mold. As a result, several workers filed claims against BWCUMC and its insurer, Montgomery Mutual Insurance Company with the Maryland Workers’ Compensation Commission. The workers said they suffered from “sick building syndrome” as a result of the exposure. While some of the workers’ claims were disallowed, several were awarded partial compensation.

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