Medical Malpractice Law in District of Columbia

Medical malpractice law in the District of Columbia is a complicated process, so make sure that you have learned about it before you have filed your lawsuit. Medical malpractice is when an injury or death occurs due to the deviation of a physician from the governing standards. There are no limits in the state of District of Columbia to the damages that may be awarded.

Collateral Source Rule

Medical malpractice law in the District of Columbia subscribes to the collateral source rule. This rule states that a defendant in a medical malpractice law suit may not introduce evidence into the trial that prove that the plaintiff has already received some form of compensation, such as the payments made by insurance coverage for example.

Rules for Expert Witnesses

Expert witnesses will usually be called to testify as witnesses in a lawsuit concerning medical malpractice law in the District of Columbia. These witnesses are needed in order to prove that the physician did or did not follow the governing standards of health care at the time that the injury took place.

Joint and Several Liability

The District of Columbia still follows the rule of joint and several liability. This rule states that if there is more than one defendant in a medical malpractice lawsuit, that if one of the defendants can not pay the damages that he or she is liable for, then it is up to the other defendants in the case to pay it.

Statute of Limitations

There is also a statute of limitations when it comes to medical malpractice law in the District of Columbia. In this case, legal actions must begin within the first 3 years following the date that the injury took place on. The limitations period begins to run on the date of the defendants eighteenth birthday.

Limits on Attorney's Fees and Contributory Negligence

The District of Columbia does not have any limits on the amount of money that an attorney may charge for his or her services when it comes to medical malpractice. The District of Columbia also follows the traditional rule concerning contributory negligence. What this rule states is that a defendant may receive limited or no damages if he or she contributed to the injury in some way.

When you are having problems with medical malpractice law in the District of Columbia, make sure that you hire a lawyer that is a specialist in the field.

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