WITTE v. AZARIAN

No. 103, Sept. Term, 2001.

801 A.2d 160 (2002)

369 Md. 518

Jeffrey F. WITTE, v. Elizabeth AZARIAN, et vir.

Court of Appeals of Maryland.

June 18, 2002.


Attorney(s) appearing for the Case

H. Kenneth Armstrong (Armstrong, Donohue, Ceppos & Vaughan, Chartered, on brief), Rockville; Erwin R. Jansen, Jr., Rockville (pro hac vice), for petitioner.

Barry J. Rosenthal (Malcolm P. Herman of Bromberg, Rosenthal, Siegel & Goodman, on brief), Rockville, for respondents.

David M. Kopstein, Dross, Levenstein, Perilman & Kopstein, Seabrook, brief of the Maryland Trial Lawyers Ass'n filed on behalf of respondents, amicus curiae.

Argued before BELL, C.J., ELDRIDGE, WILNER, CATHELL, HARRELL, BATTAGLIA and LAWRENCE F. RODOWSKY (specially assigned), JJ.


WILNER, Judge.

At issue before us is the proper construction of Maryland Code, § 3-2A-04(b)(4) of the Courts and Judicial Proceedings Article, which is part of the law dealing with the resolution of health care malpractice claims. Section 3-2A-04 requires that such claims, if seeking compensation in an amount that exceeds the jurisdiction of the District Court, be filed initially with the Health Claims Arbitration Office...

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