This case is barely worth reporting on, but I thought I would pass it along.
In Smith v. Palin, a Maryland federal court was asked whether the Maryland Health Care Alternative Dispute Resolution Office abused its discretion in extending the time for filing the expert certificate required by Maryland law several times. Specifically, the defendant’s argued that the plaintiff’s excuse that they had requested, but not yet received all studies from treating physicians in Pennsylvania – including photographs of condition at issue – did not constitute good cause.
Should it take that long to get the records in a case? No, it really shouldn’t. Should the HCADRO hold plaintiffs’ feet to the fire and kick cases out because plaintiff’s lawyer has not done what they are supposed to do? I think not. Moreover, it is clearly not an abuse of discretion for the HCADRO director to determine that the plaintiffs do have good cause. Not for nothing, the plaintiff was a 16-year-old girl when the defendant allegedly recommended that she undergo a bilateral breast augmentation as a treatment for a tubular breast deformity. I don’t know about you, but I would like to see the court extend the benefit of the doubt. Which is exactly what Judge James K. Bredar does.