The statute of limitations simply means the deadline for filing a lawsuit. In the District of Columbia, a medical malpractice case must be filed within three years of the date that the act giving rise to the injury occurred. Minors, however, are given up until their 21st birthday to file a lawsuit. A wrongful death action must be filed within one (1) year of the date of death.
Expert testimony is generally required to establish: (a) that the physician, hospital or health care provider was negligent; and (b) that the negligence caused injury or damages to the plaintiff. In the District of Columbia, experts are disclosed after the case is filed in what is called a Rule 26(b)(4) Statement. The Rule 26(b)(4) Statement is required to contain the experts' qualifications, the records the expert reviewed, and a statement of the experts' opinions, among other information. Unlike Maryland and Pennsylvania, the District of Columbia does not have any sort of Certificate of Merit requirement.
The District of Columbia is one of the few remaining states that continues to adhere to the doctrine of contributory negligence. The other remaining states are Virginia, Alabama, North Carolina and Maryland. Under the doctrine of contributory negligence, if the jury finds that the plaintiff is one percent at fault, then it completely bars recovery. In medical malpractice cases, contributory negligence generally comes into play when a plaintiff was not compliant with instructions given by a physician. For example, a plaintiff was told to get an x-ray and did not, and the failure to get the x-ray contributed to the outcome. While the doctrine is undoubtedly harsh, many lawyers feel that jurors do not apply it as strictly as it was intended (i.e., even when a plaintiff is slightly at fault, a jury might still award damages; maybe less than they would have had the plaintiff not been at fault).
There are no damage caps in the District of Columbia.
Under District of Columbia law, a medical malpractice plaintiff is entitled to recover the full amount of his/her damages regardless of whether private or public insurance has paid for portions of the plaintiff's damages (i.e., medical expenses).
In the District of Columbia, joint torteasors are jointly and severally liable. This means that each defendant is responsible for the full amount of any judgment. Defendant health care providers, however, may seek contribution from one another if multiple defendants are found jointly and severally liable. This means that a joint tortfeasor who pays more than his pro rate share has a right of contribution against other joint tortfeasors whose liability was extinguished by a judgment or settlement and who have not paid their pro rata share. Punitive damages, however, are several, and are apportioned by relative fault.
There is no statutory cap on attorneys' fees in the District of Columbia. However, the courts must approve all settlements in excess of $5,000.00 that are made on behalf of a minor.
Hospitals are often times responsible for the acts of the physicians, nurses and other health care providers working within the hospital. That is called vicarious liability. Vicarious liability is founded when a hospital is responsible for the acts of their agents and employees - whether it be ostensible or apparent agents.
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