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OXTOBY v. McGOWAN

[No. 137, September Term, 1981.]

294 Md. 83 (1982)

447 A.2d 860

WILLARD G. OXTOBY, PERSONAL REPRESENTATIVE OF THE ESTATE OF LAYLA OXTOBY, DECEASED ET AL. v. LARRY McGOWAN

Court of Appeals of Maryland.

Decided July 23, 1982.

Attorney(s) appearing for the Case

George W. Shadoan for appellants.

Albert D. Brault, with whom were Janet S. Zigler and Brault, Graham, Scott & Brault on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, RODOWSKY and COUCH, JJ.

RODOWSKY, J., delivered the opinion of the Court.

This appeal involves the Health Care Malpractice Claims Act (the Act), Md. Code (1974, 1980 Repl. Vol., 1981 Cum. Supp.), §§ 3-2A-01 through 3-2A-09 of the Courts and Judicial Proceedings Article. The Act was adopted by Ch. 235 of the Acts of 1976. Section 5 of Ch. 235, the effective date clause, provides that the Act "shall take effect July 1, 1976, and shall apply only to medical injuries occurring on or...

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