Introduction to Medical Malpractice in Washington D.C.

All health care professionals owe a duty to their patients to provide medical treatment that meets a recognized standard of care.  A medical malpractice case can be brought when this standard of care was not met and injury resulted.  The standard of care can be defined as how a prudent physician would have managed a patient’s care under the same or similar circumstances.  Establishing a failure to meet this standard is a critical aspect of a successful malpractice case.  Some cases are based on what a doctor did not do, such as failing to diagnose cancer. 

Negligence and Injury in Malpractice Lawsuits

When a claim for damages caused medical malpractice is filed with a court, the judge or jury must determine who caused the accident.  The person whose negligence caused the accident typically pays for the resulting damage.  In Washington D.C., they subscribe to the doctrine of contributory negligence.  This means that if you were slightly at fault, even as little as 1%, then you cannot recover any of your damages.  Even if the other person involved is 99% at fault, your claim is 100% gone.  Contributory negligence statutes originated in the common law of England, which stated that anyone who negligently harms another, cannot be held liable if the victim himself was liable in any way.

Statute of Limitation in Washington D.C.

The statute of limitations is the period of time in which you are allowed to file a lawsuit against someone else.  The courts and legislature have reasoned that it is beneficial to society to have disputes resolved in a timely fashion.  Therefore, the law imposes a time limit on when an injured party may file a lawsuit.  The District of Columbia has a three-year statute of limitations for medical malpractice lawsuits.  After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking damages or other relief.

Cap on Awards

There are two types of damages available in medical malpractice cases:

Compensatory damages—These are designed to make the damaged person as whole as possible.  These can be divided into two sub categories, actual damages and general damages.  Actual damages seek to reimburse a plaintiff for financial losses sustained.  General damages seek to compensate a victim for losses that are not monetary in nature.

• Punitive damages are not based on actual injuries sustained.  Rather, they are a way to punish the defendant for intentional or grossly negligent conduct.
• The District of Columbia does not place a cap on the amount of damages recoverable in a medical malpractice action.

When to Talk to a Lawyer

If you believe that you or someone you know has been the victim of medical malpractice, it is important to contact a qualified attorney as soon as possible to ensure that important deadlines in your case do not expire.  A skilled malpractice attorney can help you obtain the compensation, which you may be entitled to receive.