Waive Arbitration in Nursing Home Claim | Sample Form

Nursing home lawsuits in Maryland must begin with a claim filed in the Maryland Health Care Alternative Dispute Resolution Office (“HCADRO”). Few nursing home cases in the last 30 years that have been decided in HCADRO. After filing a certificate of qualified expert and accompanying report, nursing home victims move their claim from HCADRO to a Maryland Circuit Court.

This is a sample form to waive out of arbitration in a nursing home lawsuit and into a Maryland Circuit Court.

Jack Dakota

– Plaintiff

v.

Future Care Cherrywood
– Defendant

IN THE CIRCUIT COURT
FOR BALTIMORE CITY
CIVIL ACTION NO.:

ELECTION TO WAIVE ARBITRATION

Susan Jones, individually, and as Personal Representative of the Estate of Geraldine Jones, by their attorneys, Ronald V. Miller., Jr., and Miller & Zois, LLC, and hereby waives the arbitration in the above-captioned case pursuant to the Annotated Code of Maryland, Courts and Judicial Proceedings Article Section 3-2A-06B, and request an Order transferring this case to the Circuit Court for Baltimore City.

Respectfully submitted,
Miller & Zois, LLC

Ronald V. Miller, Jr.
1 South St, #2450
Baltimore, MD 21202
(410) 779-4600
(410) 760-8922 (facsimile)
Attorneys for Plaintiff

How Waiving Out of Health Claims Arbitration Works

In Maryland, waiving out of health claims arbitration is a legal process by which a healthcare provider and a patient agree to resolve potential medical malpractice claims through the traditional court system rather than through the state’s health claims arbitration process. This concept is primarily governed by the Maryland Health Care Malpractice Claims Act (HCMCA) and provides an alternative avenue for resolving medical malpractice disputes.

Practically, almost every malpractice case ends in a waiver of arbitration in Maryland. Here’s an explanation of the key aspects of waiving out of health claims arbitration in Maryland:

1. Health Claims Arbitration Process: Under Maryland law, medical malpractice claims typically go through a mandatory arbitration process before they can proceed to court. This process involves a panel of arbitrators who review the case, hear evidence, and make a determination regarding liability and damages. The purpose of arbitration is to provide a quicker and potentially less expensive means of resolving medical malpractice disputes.
2. Voluntary Waiver: In some cases, both the healthcare provider and the patient may prefer to bypass the arbitration process and have the dispute heard in a traditional courtroom. To do so, they can voluntarily agree to waive out of health claims arbitration. This means that they choose not to participate in the arbitration process and instead opt for a trial in a civil court.
3. Impact of Waiving Arbitration: By waiving arbitration and proceeding to court, the parties accept that the case will follow the standard civil litigation process. This involves filing a lawsuit, conducting discovery, presenting evidence in court, and having the case decided by a judge or jury. It also means that the case may take longer to resolve and may involve higher legal costs.

More Nursing Home Materials and Information

• Medical Malpractice in Maryland (an overview)
• Requirements for Certificate of Merit in Maryland Nursing Home Cases
• Maryland Appellate Opinion on Nursing Home Arbitration Agreements in Dickerson v. Longoria)
• Medical Malpractice Frequently Asked Questions
• Look at Example Nursing Home Lawsuits