District of Columbia Medical Malpractice Laws

When the patient could not reasonably have known about the malpractice at the time it occurred, the statute begins running from the date the injury was or should have been discovered.

The statute of limitations is tolled during minority. The clock does not start until the patient turns 18.

The statute is tolled while a prospective plaintiff is mentally incompetent. It begins running when competency is restored.

If the required 90-day pre-suit notice is served within 90 days of the statute of limitations expiring, the time for filing suit is extended by 90 days from the date of notice.

D.C. does not cap compensatory damages in medical malpractice cases. There is no limit on economic or non-economic damages.

Punitive damages are available but require proof of willful or wanton conduct. No statutory cap applies, but constitutional proportionality limits are enforced.

Before filing a medical malpractice lawsuit, the plaintiff must give the healthcare provider written notice at least 90 days before filing. The notice must include sufficient detail about the legal basis for the claim and the type and extent of harm suffered.

Any person intending to file a medical malpractice action must notify the intended defendant not less than 90 days before filing. The notice must include sufficient information about the legal basis and the injuries suffered. Failure to comply bars the lawsuit.

If the 90-day pre-suit notice is served within 90 days of the expiration of the statute of limitations, the time for filing the action is extended 90 days from the date of service of the notice.

Consumers of mental health services have the right to be informed of and to consent to or refuse treatment. Failure to obtain informed consent can support a malpractice claim.