How Long Do You Have to Sue for Medical Malpractice in Washington, DC?

Victims of medical malpractice can file a lawsuit to seek compensation for the harms they have suffered. To do so, they must file within a certain time frame, known as the statute of limitations. These statutes can change based on where you file and what type of case you have.

According to DC Code § 12-301, you have three years to pursue damages for medical malpractice in Washington, DC. Most people would look at this time frame given by DC’s statute of limitations and think that it means they have three years from the date that their appointment, surgery, or medication error occurred to file a claim against the at-fault party. However, it is actually a little more complicated than that.

The reason that it becomes slightly complicated is because Washington, DC has what is called the “discovery of harm” rule. This means that the clock does not necessarily start ticking when the medical malpractice event occurs, but instead, your three years begins when you discover the harm you have endured. This rule could actually benefit those who did not realize that they were a victim of medical malpractice for several months or even years after they started taking unnecessary prescriptions, underwent unneeded surgeries, or sought multiple opinions for a medical condition that would not clear up.

How do I know if I have a medical malpractice case?

The best way to tell if you have a medical malpractice case is to speak with an attorney who practices in this area of law. This is because not all negative outcomes rise to the level of malpractice.

For example, say your loved one is prescribed medication to help with a heart condition, and the medication doesn’t work. This is not an act of malpractice in and of itself. However, say your loved one is already taking a medication that could interact with the new drug, and suffers a heart attack as a result. In this scenario, you may have a medical malpractice claim against the doctor who prescribed the new medication.

What happens if I miss the statute of limitations for my case?

If you miss the timeframe to file a claim, you could be barred from collecting any compensation.

HOWEVER, you should still contact an attorney the moment you realize you are injured. You could still be eligible if it took time for your injury to manifest.

Exceptions to the rule when it comes to filing a medical malpractice claim

Aside from the “discovery of harm” rule – where your time to file may be extended if you don’t discover your injury right away – there are a few other exceptions when it comes to filing for medical malpractice:

• The victim was a child: If the victim was under the age of 18 when they were injured, the statute of limitation extends until they’re 21. (The legal term for this is “tolling,” meaning the time limit is essentially paused for a set amount of time.)
• The medical professional is an employee of Washington, D.C.: Whenever you sue a government agency or its actors, there is a different set of rules and regulations. In this case, you’d need to submit a Notice of Claim within six months of the incident.
• You’re filing a claim against a VA hospital or facility: These are Federal Tort Claims Act claims, and that six month window applies here as well – but the challenges don’t stop here. For years, it was virtually impossible to sue the VA for malpractice, but a series of new laws has changed that. You absolutely want to speak with a medical malpractice lawyer as soon as you can.
• The medical professional committed an act of sexual assault: Sexual assault by a doctor, surgeon, specialist or other medical professional is a different type of claim. The statute of limitations depends on the age of the survivor. Per §12–301 of the Code of the District of Columbia:
  • for the recovery of damages arising out of sexual abuse that occurred while the victim was less than 35 years of age— the date the victim attains the age of 40 years, or 5 years from when the victim knew, or reasonably should have known, of any act constituting sexual abuse, whichever is later;
  • for the recovery of damages arising out of sexual abuse that occurred while the victim was 35 years of age or older—5 years, or 5 years from when the victim knew, or reasonably should have known, of any act constituting sexual abuse, whichever is later.

The same statute of limitations applies for dangerous medical devices

If you suffer an injury because of a medical device, you generally have three years to file a claim. But who you file against may be different. If the device is defective, you technically have a product liability claim, not a medical malpractice claim. Product liability can cover everything from a defect in the design or manufacturer to a failure to warn of specific risks. For example, a few years ago companies were manufacturing hip and knee replacements that used cobalt. Unfortunately, the devices were prone to erosion, and people were being poisoned by the heavy metal. This is a classic product liability claim: the material was dangerous AND the device itself wasn’t holding up.

If, however, the device works as intended, but a medical professional was negligent in the way they implanted the device, then you may have a medical malpractice case. For example, if a surgeon fails to properly implant a pacemaker and the patient’s heart fails, then that patient may have a medical malpractice claim.

Please contact Paulson & Nace, PLLC through this contact form or by calling our office.