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LARSON v. PENINSULA REGIONAL MEDICAL CENTER

No. S 97-4143.

993 F.Supp. 373 (1998)

Karen A. LARSON, a/k/a Karen A. Karalis, as Personal Representative of the Estate of Derek James Gearhart, Deceased, et al. v. PENINSULA REGIONAL MEDICAL CENTER, et al.

United States District Court, D. Maryland.

February 17, 1998.

Attorney(s) appearing for the Case

Robert C. Verderaime, Elizabeth Jesukiewicz, Baltimore, MD, Steven B. Tannenbaum, Law Office, New York City, for Plaintiffs.

John R. Penhallegon, Gary Elliot Dumer, Jr., Baltimore, MD, Roy B. Cowdrey, Jr., Cowdrey, Thompson & Karsten, P.A., Easton, MD, Curtis H. Booth, Law Office, Annapolis, MD, for Defendants.

MEMORANDUM AND ORDER

SMALKIN, District Judge.

This matter is before the Court on the defendant's motion to dismiss, on the ground that the claimants in this diversity malpractice case failed to comply with a prerequisite of Maryland law, viz., that in malpractice cases a certificate of a qualified expert attesting to departure from standards of care be filed within 90 days of filing the complaint with the Director of the Health Claims Arbitration...

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