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SWAM v. UPPER CHESAPEAKE

No. 75, September Term, 2005.

919 A.2d 33 (2007)

397 Md. 528

Mary C. SWAM, et ux. v. UPPER CHESAPEAKE MEDICAL CENTER, INC.

Court of Appeals of Maryland.

March 16, 2007.

Attorney(s) appearing for the Case

Andrew H. Baida and Benjamin Rosenberg (Rosenberg/Martin/Funk/Greenberg, LLP of Baltimore, Mark S. Cohen of the Law Office of Mark S. Cohen of Owings Mills), on brief, for appellants.

Barbara L. Ayres (Whiteford, Taylor & Preston L.L.P. of Towson), on brief, for appellee.

Argued before BELL, C.J., WILNER, CATHELL, HARRELL, BATTAGLIA, GREENE and JOHN C. ELDRIDGE (Retired, Specially Assigned), JJ.

ELDRIDGE, J.

The issue in this case is whether the general statute of limitations barred a claim initially filed in the wrong forum, the Health Care Alternative Dispute Resolution Office ("Health Care Office"), and then subsequently filed in the appropriate forum, the Circuit Court for Harford County.1

The plaintiffs-appellants, Mary C. Swam and Scott Swam, filed their claim with the Health Care Office based upon an alleged personal...

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