Medical Malpractice Lawsuit Process in Washington, D.C.

People suffer serious injury or die because of medical errors every day. Healthcare providers, including doctors, dentists, nurses, and other medical staff, must be held accountable for injuries to patients due to medical malpractice or negligence. The medical malpractice lawsuit process exists to compensate injured patients for their losses.

What constitutes medical malpractice in Washington, D.C.?

Under Washington, D.C. law, medical malpractice occurs when a doctor or other healthcare provider fails to provide the same level of care and skill as a similar medical professional in similar circumstances. In D.C., medical malpractice claims must typically be supported by expert testimony to define the relevant standard of care and to show how the defendant deviated from that standard.

To be successful, a medical malpractice claim must establish:

• Duty of care: The healthcare provider owed a duty to the patient. This typically arises from the doctor-patient relationship.
• Breach of duty: The healthcare provider failed to meet the standard of care that a reasonably competent provider would have provided under similar circumstances. This often involves showing that the provider’s actions were negligent or fell short of expected medical standards.
• Causation: A direct link between the medical provider’s breach of duty and the harm caused to the patient must be established. This means proving that the patient’s injury was a direct result of the provider’s substandard care.
• Damages: The patient suffered genuine harm or damages as a result of the breach. This may include physical pain, mental anguish, additional medical bills, and lost earning capacity.

Are there times when a medical mistake might not be malpractice?

Yes, there are situations where a medical mistake might not constitute malpractice. It’s important to understand that not all medical errors or unfavorable outcomes will meet the legal criteria for medical malpractice. Here are a few scenarios where a medical mistake might not be considered malpractice:

• Standard of care met: If the healthcare provider followed the accepted standard of care, but a mistake occurred or the outcome was poor, it might not be considered malpractice. Medicine is not an exact science, and even with the best practices, complications can arise that are not due to negligence.
• No causation: Even if the healthcare provider made an error, for it to be considered malpractice, the error must be shown to have directly caused harm to the patient. If the error did not lead to any harm or if the patient’s condition was unaffected by the error, there may not be grounds for a malpractice claim.
• Inherent risks: Some medical procedures come with inherent risks that are well-known and cannot always be avoided, even with the highest level of care. If a patient is informed of these risks beforehand and gives informed consent, and then experiences one of these known risks, it generally does not constitute malpractice.
• Honest mistakes or judgment calls: Not every mistake is due to negligence. Sometimes, medical professionals must make judgment calls in situations where the best course of action is unclear. These decisions, if made with reasonable care and skill, might not amount to malpractice even if they do not result in the best outcome.

Acceptable risks or known complications of medical procedures and treatments that occur do not necessarily indicate medical malpractice. A seasoned Washington, D.C. medical malpractice attorney will know the difference.

What does the medical malpractice lawsuit process involve?

The medical malpractice lawsuit process in Washington, D.C., involves several critical steps. Here’s an overview of the procedure:

• Initial consultation with an attorney: You will need to locate and consult with a lawyer who specializes in medical malpractice. They will review the facts of your case and determine if you have a valid claim.
• Investigation: Your attorney will gather medical records, consult with medical experts, and collect other necessary evidence to build your case.
• Pre-litigation requirements:C. law requires that before filing a lawsuit, the claimant must notify the defendant of the intent to sue by submitting a detailed statement including the legal basis for the claim and the type of injury sustained. This notice must be given at least 90 days before the lawsuit is filed.
• Filing the lawsuit: If your attorney believes you have a strong case, they will file a formal complaint in the appropriate D.C. court. The statute of limitations for medical malpractice in D.C. is generally three years from the date of the injury or one year from the date the injury was discovered, whichever is earlier.
• Discovery phase: Both parties will exchange information through depositions, interrogatories, and requests for documents. Expert witnesses may be required to establish the standard of care and how it was breached.
• Settlement negotiations: Parties may engage in settlement negotiations to resolve the case before going to trial. Mediation or arbitration might also be utilized.
• Trial: If the case is not settled out of court, it will go to trial. Both sides will present their evidence and arguments. A jury or judge will determine if the healthcare provider was negligent and if so, the amount of damages to be awarded.
• Post-trial motions and appeals: Either party can file post-trial motions if they are dissatisfied with the verdict.
• Appeals: If necessary, the case can be appealed to a higher court for review.

Additional considerations

• Comparative fault: Washington, D.C. follows a pure comparative fault rule, meaning a plaintiff can recover damages even if they bear some responsibility for their injury, but their recovery will be reduced by their percentage of fault.
• Damages: Damages in medical malpractice cases can include medical expenses, lost wages, pain and suffering, and more.
• Expert requirement: Washington D.C. law generally requires that the plaintiff provide a certificate of merit from a qualified expert, stating that the case has merit.

The medical malpractice lawsuit process in Washington, D.C., is complex and involves multiple stages. Consulting with an experienced attorney is crucial to navigating the legal requirements and improving your chances of a successful outcome.

If you suspect that you or a loved one was injured due to a medical mistake, consult with the Washington, D.C. medical malpractice attorneys at Paulson & Nace, PLLC. Call or fill out our contact form to set up your free initial consultation today.