[Download] "Attorney General Of Maryland V. Johnson" by Court Of Appeals Of Maryland ~ eBook PDF Kindle ePub Free
eBook details
- Title: Attorney General Of Maryland V. Johnson
- Author : Court Of Appeals Of Maryland
- Release Date : January 05, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 96 KB
Description
In 1976 the Maryland General Assembly passed legislation, as have many other state legislatures, substantially altering the manner in which claims of medical malpractice by patients against physicians, hospitals, and other "health care providers" may be judicially resolved.*fn1 In general terms, the effect of this State's Health Care Malpractice Claims statute, Md. Code (1974, 1977 Cum. Supp.), §§ 3-2A01 to 3-2A09 of the Courts Article (the Act), is to require the submission of certain of such claims to an arbitration panel for initial ascertainment of liability and damages before resort may be had to a court of law for final determination. The plaintiffs in this declaratory judgment action asserted that the Act is constitutionally infirm as impermissibly vesting judicial power in a nonjudicial body in violation of separation of powers principles, as abridging the rights of access to the courts and of trial by jury, and as denying to malpractice claimants the equal protection of the laws. Our careful assessment of these assertions reveals that the statute is in each respect constitutionally sound.