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REPORTED

IN THE COURT OF SPECIAL APPEALS OF MARYLAND

No.

812

September Term, 2000 ___________________________________

ELIZABETH AZARIAN, et vir

v.

JEFFREY F. WITTE

___________________________________

Murphy, C.J., Sonner, Krauser, JJ.

Opinion by Krauser, J.

Filed: September 4, 2001

The "attesting expert provision" 1 of the Maryland Health Care Malpractice Claims Act (the "Act")2 provides that all

claimants under the Act must file a "certificate of a qualified expert," more commonly known as "a certificate of merit,"3 in which an expert attests that "a departure from the standard of care" by the defendant health care provider was the proximate cause of the claimant's medical injury. That provision,

however, limits who may make such an attestation by stating that an "attesting expert may not devote annually more than 20

percent of the expert's professional activities to activities that directly involve testimony in personal injury claims."4 is this limitation that lies at the core of this appeal. Appellants, Elizabeth and Mark Azarian, ask us to determine whether the Circuit Court for Montgomery County erred in ruling It

Maryland Code (1974, 1998 Repl. Vol., 2000 Cum. Supp.),

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Maryland Law