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 their pro rata share have a right of contribution.
Other District of Columbia Medical Malpractice FAQs
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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. -
Damage Caps
D.C. does not place a cap on the amount of damages recoverable in a medical malpractice action. -
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
