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BAILEY v. WOEL

No. 111, September Term, 1983.

302 Md. 38 (1984)

485 A.2d 265

LOUISE C. BAILEY ET VIR. v. GERARD WOEL ET AL.

Court of Appeals of Maryland.

December 26, 1984.

Attorney(s) appearing for the Case

Charles Edward Mentzer, Baltimore, for appellants.

E. Dale Adkins III, Baltimore (J. Michael Sloneker, Patricia M. Flannery and Anderson, Coe & King, Baltimore, on the brief), for appellee Gerard Woel.

I. Marshall Seidler, Baltimore (Gerald I. Holtz and Eccleston & Seidler, Baltimore, on the brief), for appellee Baltimore County General Hosp.

Argued before SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY, and COUCH, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals (retired), Specially Assigned.

ELDRIDGE, Judge.

This case involves an interpretation of one of the requirements of the Health Care Malpractice Claims Act, Maryland Code (1984 Repl.Vol.), §§ 3-2A-01 through 3-2A-09 of the Courts and Judicial Proceedings Article. The issue is whether filing a medical malpractice claim with the Director of the Health Claims Arbitration Office, as required by § 3-2A-04 of the Act, and subsequently attending but declining to present evidence at or participate...

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