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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 employee's negligent performance of his professional responsibilities, but only to the extent the employee is not covered by appropriate insurance. No action for unliquidated damages for personal injury may be instituted against the District, unless notice of claim is made to the Mayor within six months from the date of injury. In addition, absent extraordinary circumstances, the District is not liable for punitive damages.

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: Damage Caps
A: D.C. does not place a cap on the amount of damages recoverable in a medical malpractice action.
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: 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