Residents of Washington, DC who are considering legal action after a medical error are rightfully concerned about how long the legal process takes. There’s no single answer, since every case moves through the same system at a different pace depending upon its complexity.
Other factors influencing the pace of a civil trial include the parties’ willingness to negotiate, the court’s calendar, and the quality of your personal injury attorney. In addition, understanding the required steps helps to set realistic expectations.
Before You Can File: The 90-Day Notice
Unlike many other types of injury claims, DC law requires a specific pre-filing step. A patient who intends to sue must notify the prospective defendant at least 90 days before filing suit. That notice has to include enough detail to put the provider on notice of the legal basis for the claim along with a description of the harm involved. If this notice is served close to the end of the filing deadline, the deadline itself gets a 90-day extension from the date of service. In practice, this means the “clock” on a malpractice case starts running weeks or months before a complaint ever reaches the courthouse.
The Statute of Limitations
Washington, DC gives patients three years from the date of the malpractice incident to file suit. That deadline can shift, however. Under the discovery rule, the three-year clock may instead begin on the date the patient discovered, or reasonably should have discovered, both the injury and its connection to a provider’s error. Special rules apply to minors as well: children who were under age 18 at the time of the alleged malpractice generally have until their 21st birthdays to file.
Filing, Answer, and Discovery
Once a complaint is filed, the defendant health care provider or hospital typically files an answer denying the allegations and begins requesting records and sending written questions to the plaintiff. This process can result in an extension of the case’s timeline. The discovery phase is where both sides gather medical records, depose witnesses, and retain expert witnesses since DC malpractice claims generally can’t succeed without expert testimony establishing that a provider deviated from the accepted standards of care.
Mandatory Mediation
Mediation isn’t optional in DC malpractice suits. Under the Medical Malpractice Proceedings Act of 2006, the DC Superior Court requires all parties in malpractice cases to participate in mediation, usually with discovery paused or limited, before the case can move forward to trial. The parties must schedule mediation within 30 days of the Initial Scheduling and Settlement Conference, and the mediator is required to file a report with the court within 10 days of the session describing whether a settlement was reached. If mediation doesn’t resolve the case, the report must also outline next steps.
Pre-Trial Conference and Trial
If mediation doesn’t produce a settlement, the case proceeds to a pre-trial conference, where parties and the court finalize the evidence, exhibits, and witnesses each side plans to present. Judges typically set the trial date four to six months after the pre-trial conference concludes, giving both sides time for final preparation.
The Timeline in a Nutshell
When it’s all added up, the pre-filing notice, mandatory mediation, and pre-trial preparations mean most medical malpractice cases in DC take well over a year, and multi-year timelines aren’t unusual when there are multiple defendants or extensive expert testimony.
The most reliable way to get a realistic timeline is to talk with an experienced attorney from Samuel Martin Law. If you are a DC patient or family navigating the complex process of a medical malpractice suit, a consultation with an experienced malpractice attorney can put the timeline into perspective. Call today.