LawInfo

Damage Caps

Other District of Columbia Medical Malpractice FAQs

• Can Arbitration be used in Medical Malpractice Cases?
  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
• Attorneys' Fees
  D.C. does not place a statutory cap on the fees an attorney may recover in a medical malpractice action.
• What about the Collateral Source Rule?
  D.C. bars evidence of payment from a collateral source thereby producing such evidence will not reduce the claimant's damages.
• What about Contributory or Comparative Negligence?
  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
• Is Expert Testimony Necessary?
  Expert testimony is generally required in order to establish a breach of the standard of care in medical malpractice actions.
• Do Governmental Immunities Apply?
  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
• What about Joint and several liability?
  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
• Does D.C. have Patient Compensation Funds or Physician Insurance?
  D.C. does not have a patient compensation fund or a program of state­sponsored liability insurance for physicians.
• Are Periodic Payments Required?
  The District of Columbia does not require the periodic payment of damages in medical malpractice actions.
• Is Pre-Judgment Interest Available?
  It is unclear whether pre­judgment interest is available in personal injury actions. However, the District of Columbia Court of Appeals has held that … more