Free District of Columbia Medical Malpractice FAQs | Free District of Columbia Medical Malpractice Legal Documents

Can Arbitration Be Used In Medical Malpractice Cases?

Tue, 29 May 2007 21:19:00 GMT

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 judgment. Subsequent to arbitration, every party is still afforded the right to a civil trial and evidence admitted at trial cannot be identified as being mentioned that it was used during the arbitration process.

Attorneys' Fees

Tue, 29 May 2007 21:19:00 GMT

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?

Tue, 29 May 2007 21:19:00 GMT

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?

Tue, 29 May 2007 21:19:00 GMT

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.

Damage Caps

Tue, 29 May 2007 21:19:00 GMT

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

Is Expert Testimony Necessary?

Tue, 29 May 2007 21:19:00 GMT

Expert testimony is generally required in order to establish a breach of the standard of care in medical malpractice actions.

Do Governmental Immunities Apply?

Tue, 29 May 2007 21:19:00 GMT

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.

What About Joint And Several Liability?

Tue, 29 May 2007 21:19:00 GMT

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 damages is several, and is apportioned by relative fault.

Does D.C. Have Patient Compensation Funds Or Physician Insurance?

Tue, 29 May 2007 21:19:00 GMT

D.C. does not have a patient compensation fund or a program of statesponsored liability insurance for physicians.

Are Periodic Payments Required?

Tue, 29 May 2007 21:19:00 GMT

The District of Columbia does not require the periodic payment of damages in medical malpractice actions.

Is Pre-Judgment Interest Available?

Tue, 29 May 2007 21:19:00 GMT

It is unclear whether prejudgment interest is available in personal injury actions. However, the District of Columbia Court of Appeals has held that prejudgment interest may be awarded for conversion, an action in tort involving property.

What Is The Statutes Of Limitations?

Tue, 29 May 2007 21:19:00 GMT

The statute of limitations that applies to medical malpractice actions in the District of Columbia is a threeyear statute. The statute is measured from the time plaintiff knows or with the exercise of due diligence should know of the injury. Claimants who are either under the age of eighteen, mentally incompetent, or imprisoned may bring their action within three years following the removal of their disability.

Arbitration

Tue, 29 May 2007 21:19:00 GMT

Is A Hospital Liable For Vicarious Liability?

Tue, 29 May 2007 21:19:00 GMT

A hospital may be liable under the theory of ostensible or apparent agency for the negligence of the hospital's independently contracted physicians.