{"id":372360,"date":"2017-06-12T18:19:13","date_gmt":"2017-06-12T23:19:13","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/dc-law\/your-washington-dc-medical-malpractice-case-the-basics.html"},"modified":"2017-06-12T18:54:05","modified_gmt":"2017-06-12T23:54:05","slug":"your-washington-dc-medical-malpractice-case-the-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/dc-law\/your-washington-dc-medical-malpractice-case-the-basics.html","title":{"rendered":"Your Washington, D.C. Medical Malpractice Case: The Basics"},"content":{"rendered":"\n
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Your Washington, D.C. Medical Malpractice Case: The Basics<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

You signed a release form before your appendectomy, but there’s no excuse for forgetting about the surgical sponge in your abdomen. Now you lay in a D.C. hospital cot while busybody nurses keep you under 24-hour supervision. Your family is worried sick, you can’t even walk without assistance and no one can answer a simple question, "who is going to pay for this?" Medical malpractice law is more complicated than you’d think, which is why FindLaw has created this outline of how Washington D.C. medical malpractice cases work.<\/p>\n

Time Limitations<\/h2>\n

Every lawsuit has a ticking clock counting down the time until your claim becomes stale. This is called the statute of limitations<\/a>, and once time has expired you will forever be barred from bringing a claim regardless of its strength. The time period varies by state and by claim type, but the Washington D.C. statute of limitations provides three years from the date the patient discovered, or should have discovered through reasonable inquiry, the injury. However, for minors, the limitations period won’t start running until the patient’s 18th birthday. Finally, wrongful death cases must be filed within two years from the date of death.<\/p>\n

Notice of Intent<\/h2>\n

A plaintiff who wants to bring a medical malpractice action must notify the defendant within 90 days prior to filing the action. Notice may be delivered at the last known address registered to the defendant. The court may forgive a failure to give notice on time if a plaintiff shows they made a good faith effort to provide the required notice. The notice should include information about the legal basis for the claim, the type and extent of the loss suffered, and include information about the injury.<\/p>\n

Find a Lawyer<\/h2>\n

Technical rules like the statute of limitations or the required notice of intent highlight some of the value an experienced medical malpractice lawyer may bring to a case. Many personal injury lawyers work on a contingency fee<\/a> basis, which means they are paid a portion of the injured party’s recovery. Yes, that means they don’t get paid until they win or settle a case.<\/p>\n

Medical Negligence<\/h2>\n

Medical malpractice cases are essentially negligence<\/a> cases where the defendant is a medical professional. Medical malpractice liability can come from the doctor’s failure to diagnose the patient correctly, an unreasonable delay in treatment, or improperly treating the patient. To find a medical professional negligent, it must be shown that his or her conduct fell below a generally accepted standard of medical care, and that this failure caused the injuries at issue.<\/p>\n

While everyone is held to a reasonable standard of care as they go about their daily business, doctors are expected to meet a much higher standard than the average person. In general, doctors must recommend and perform treatment as a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice.<\/p>\n

The key to a successful case often comes down to proving to the judge or jury exactly what the expected standard of care was under the circumstances, and how a defendant failed to live up to that standard. This means the testimony of an expert witness in the specific medical field is often required to win a case. Topics they touch upon include:<\/p>\n