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Damage Caps

Other District of Columbia Medical Malpractice FAQs

• Q: Can Arbitration Be Used In Medical Malpractice Cases?
  A: D.C. has established a system of arbitration where all cases are eligible. The arbitrator's award may be entered in court and has the same force and effect as a final … More
• Q: Attorneys' Fees
  A: D.C. does not place a statutory cap on the fees an attorney may recover in a medical malpractice action.
• Q: What About The Collateral Source Rule?
  A: D.C. bars evidence of payment from a collateral source thereby producing such evidence will not reduce the claimant's damages.
• Q: What About Contributory Or Comparative Negligence?
  A: D.C. follows the doctrine of contributory negligence. Thus, a claimant's contributory negligence bars his recovery entirely. Joint tortfeasors who may pay more than … More
• Q: Is Expert Testimony Necessary?
  A: Expert testimony is generally required in order to establish a breach of the standard of care in medical malpractice actions.
• Q: Do Governmental Immunities Apply?
  A: D.C. owes its medical employees a duty of indemnification in cases in which the District is not a party and the alleged personal injury or death resulted from the … More
• Q: What About Joint And Several Liability?
  A: D.C. holds that joint tortfeasors are jointly and severally liable for a claimant's compensatory damages, and damages cannot be allocated. Liability for punitive … More
• Q: Does D.C. Have Patient Compensation Funds Or Physician Insurance?
  A: D.C. does not have a patient compensation fund or a program of state­sponsored liability insurance for physicians.
• Q: Are Periodic Payments Required?
  A: The District of Columbia does not require the periodic payment of damages in medical malpractice actions.
• Q: Is Pre-Judgment Interest Available?
  A: It is unclear whether pre­judgment interest is available in personal injury actions. However, the District of Columbia Court of Appeals has held that … More