If a doctor, nurse, or hospital makes a preventable error that harms a patient, the injured person has the right to seek compensation through a medical malpractice lawsuit. But that right doesn’t last forever.
An experienced personal injury attorney can examine your situation to determine if it falls within the District’s statute of limitations, or deadline for filing a lawsuit. Missing the deadline almost always means losing the ability to recover anything, no matter how strong the case.
Washington D.C.’s Three-Year Rule
Under D.C. legal code, a person injured by medical negligence generally has three years to file a lawsuit, with the clock starting “from the time the right to maintain the action accrues.” That means three years from the date the medical error happened, whether it was a surgical error, misdiagnosis, or medication error. Courts routinely dismiss late-filed cases regardless of merit.
The Discovery Rule: When the Clock Really Starts
Medical errors are not always immediately obvious. A surgeon might leave a foreign object behind or misread a test result that allows a cancer to grow undetected for years. These possibilities are the reason for the “discovery rule.”
Under the “discovery rule,” the three-year period does not begin when the malpractice occurs but when the patient knows, or reasonably should have known, that they were harmed by a provider’s negligence. The D.C. Court of Appeals confirmed this approach in Colbert v. Georgetown University, holding that a malpractice claim does not accrue until the patient has discovered, or reasonably should have discovered, all the essential elements of a possible claim.
When negligent care unfolds over many appointments rather than in a single incident, the deadline generally does not begin running until the course of treatment ends, under what is called the “continuing course of treatment” doctrine.
Exceptions for Children and Other Protected Groups
The strict, three-year deadline on filing malpractice suits is paused for people who cannot reasonably act on their own behalf. For this population, which can include minors, mentally incompetent, and incarcerated individuals, the clock starts when the legal disability ends: the person turns 18, is declared competent, or is released from detention. A child injured by malpractice typically has until age 21 to file a lawsuit. Parents should note that their own claims for a child’s medical bills are not paused and must be filed within three years of the injury or its discovery.
The 90-Day Notice Requirement
Potential claimants take note: there is an additional step, imposed by the District, that has been problematic for some people. Before filing a lawsuit for malpractice, claimants are required to serve written notice on the provider at least 90 days before filing. According to the statute, the notice must contain enough information to alert the defendant to the legal basis of the claim and describe the nature and extent of the injuries suffered. When the notice is served the filing deadline is extended 90 days from the date of the service.
Special Deadlines to Know
Different time frames apply in two situations:
- If malpractice results in death, a wrongful death action must be brought by the personal representative of the deceased within two years of the date of death.
- If a claim involves a provider employed by the D.C. government, a notice of claim is required within six months of the incident, and claims against VA hospitals fall under the Federal Tort Claims Act (which requires an administrative claim within two years).
Don’t Wait to Get Expert Legal Advice
Consulting an experienced attorney promptly is the best way to preserve your rights in a medical malpractice case. Attorney Sam Martin, a personal injury specialist with expertise in medical malpractice, can assess your situation to determine when the clock started running in your case. Call for a private consultation today.