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WALZER v. OSBORNE

No. 20, September Term, 2006.

911 A.2d 427 (2006)

395 Md. 563

Clifford S. WALZER, et al. v. Keith J. OSBORNE.

Court of Appeals of Maryland.

Reconsideration Denied December 14, 2006.

Attorney(s) appearing for the Case

Joan F. Brault (Stuart N. Herschfeld, Brault, Graham, LLC, on brief), Rockville, for petitioners.

Jonathan A. Hodgson, Annapolis, for respondent.

David M. Kopstein, Seabrook, amicus curiae of Maryland Trial Lawyers Assn.

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

GREENE, J.

In this case, we must determine whether, under Md.Code (1974, 2002 Repl.Vol., 2006 Cum.Supp.), § 3-2A-04(b) of the Courts & Judicial Proceedings Article, known commonly as the Health Care Malpractice Claims Statute ("Statute"), a court must dismiss a medical malpractice claim when a medical malpractice claimant files a certificate of qualified expert without an attesting expert report attached thereto. In dispute is whether the attesting expert...

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