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DEBBAS v. NELSON

No. 10, September Term, 2005.

885 A.2d 802 (2005)

389 Md. 364

Elie G. DEBBAS, et al. v. Thelma NELSON, et al.

Court of Appeals of Maryland.

November 9, 2005.

Attorney(s) appearing for the Case

Robert W. Goodson (Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Washington, DC), Thomas L. Doran (Anne Marie McGinley, DeCaro, Doran, Siciliano, Gallagher & DeBlasis, LLP, Lanham), all on brief, for petitioners.

Ronald Simon (Simon & Associates, Washington, DC, Kenneth M. Trombly, Schultz & Trombly, PLLC, Washington, DC, on brief), for respondents.

George S. Tolley, III, Dugan, Babij & Tolley, LLC, Timonium, amicus curiae.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

BATTAGLIA, J.

This case presents us with the task of determining whether a facially valid Certificate of Qualified Expert, a prerequisite to instituting a medical malpractice action, can be invalidated by subsequent developments, specifically the allegedly inconsistent deposition testimony of the certifying medical expert. We hold that the Health Care Malpractice Claims Act does not permit such collateral attacks based on events arising after the Certificate has been...

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