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D'ANGELO v. ST. AGNES HEALTHCARE, INC.

No. 961, Sept. Term, 2003.

853 A.2d 813 (2004)

157 Md.App. 631

Michael D'ANGELO, Personal Representative for the Estate of Vincent D'Angelo, et al. v. ST. AGNES HEALTHCARE, INC., et al.

Court of Special Appeals of Maryland.

July 15, 2004.

Attorney(s) appearing for the Case

Alan J. Belsky (Belky, Weinberg & Horowitz, LLC, on brief), Baltimore, for appellant.

Gertrude C. Bartel (Susan T. Preston, Craig S. Brodsky, Goodell, DeVries, Leech & Dann, LLP, on brief), Baltimore, for appellee.

Panel MURPHY, C.J., SALMON, SHARER, JJ.

SALMON, J.

This case requires us to construe and apply section 3-2A-04(b) of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland (1973, 2002 Repl.Vol.).1 Section 3-2A-04(b) reads, in pertinent part:

(b) Filing and service of certificate of qualified expert. — Unless the sole issue in the claim is lack of informed consent: (1)(i) Except as provided in subparagraph (ii) of this paragraph...

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