How to Know if You Have a Medical Malpractice Case
Medical Malpractice Laws in DC vs. Maryland vs. Virginia
Medical malpractice claims in Washington, D.C., Maryland, and Virginia all require proof that a healthcare provider breached the standard of care and caused harm, but important rules differ by jurisdiction:
- C. allows three years to file and does not cap compensatory damages.
- Maryland uses the earlier of a five-year or three-year filing deadline and caps non-economic damages.
- Virginia allows two years and caps total damages.
Pre-suit and expert requirements also differ, while all three jurisdictions follow the strict contributory negligence rule. The Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates represents medical malpractice clients throughout D.C., Maryland, and Virginia.
Where your medical care occurred can significantly affect your rights in a medical malpractice claim. This is particularly important in the Washington, D.C., region, where patients routinely cross into Maryland or Virginia for treatment and may be subject to very different filing deadlines, damage limits, and procedural requirements.
Medical Malpractice Laws in DC, Maryland, and Virginia at a Glance
Although the basic elements of medical malpractice are similar across the region, some of the rules governing a claim differ considerably.
Deadlines, damage caps, and procedural requirements can vary depending on the circumstances of a case. Maryland and Virginia’s statutory damage caps also change over time.
How Long Do You Have to File a Medical Malpractice Claim?
The deadline for filing a medical malpractice claim depends on where the malpractice occurred and when the injury was discovered. Waiting too long can prevent you from recovering compensation, even when you have a valid claim.
Washington, D.C.
In Washington, D.C., you have three years to file a medical malpractice claim. The three-year period begins when you discover, or reasonably should have discovered, that you were injured as a result of possible medical malpractice.
Different deadlines may apply to children and in certain other circumstances.
Maryland
In Maryland, you generally must file a medical malpractice claim by the earlier of:
- Five years from the date the injury occurred
- Three years from the date the injury was discovered
Different deadlines may apply to children and in certain other circumstances.
Virginia
In Virginia, you have two years from the date the medical malpractice occurred to file a claim. Limited exceptions may extend the deadline in certain circumstances, including cases involving a foreign object left in the body, fraud or concealment, or failure to diagnose cancer or certain tumors.
Different deadlines may also apply to children.
What if Medical Malpractice Results in Death?
Wrongful death claims have their own filing requirements, which may differ from the deadlines that apply to personal injury medical malpractice claims. Because the applicable deadlines can depend on where the malpractice occurred, when the injury was discovered, the patient’s age, and other circumstances, determining the filing date early can help protect your right to pursue a claim.
Are There Caps on Medical Malpractice Damages?
Medical malpractice compensation may include economic damages for financial losses, such as medical expenses, lost income, and future care, as well as non-economic damages for losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
“Damage caps” limit how much compensation you can recover in a medical malpractice claim. D.C., Maryland, and Virginia take very different approaches to recovering damage caps:
Washington, D.C.
Washington, D.C. does not cap compensatory damages in medical malpractice cases, which means there is no limit on the amount you may recover for either economic or non-economic losses.
Maryland
Maryland caps non-economic damages, such as compensation for pain and suffering and emotional distress. Economic damages, including medical expenses and lost income, are not subject to the same cap. The state’s non-economic damages cap increases annually.
Virginia
Virginia caps the total amount of damages you can recover in a medical malpractice claim, both economic and non-economic, which also increases annually.
A damage cap can significantly affect the value of a medical malpractice claim, particularly when an injury causes permanent disability, extensive future medical needs, or substantial pain and suffering. Even when a patient’s losses exceed the applicable cap, the law may limit how much compensation can ultimately be recovered.
Do You Need a Medical Expert to File a Medical Malpractice Claim?
Proving medical malpractice claims usually requires consulting medical experts to determine whether a healthcare provider failed to meet the accepted standard of care and whether that failure caused the patient’s injury. However, the requirements for starting a medical malpractice claim differ among D.C., Maryland, and Virginia:
Washington, D.C.
Before filing a medical malpractice lawsuit in D.C., you generally must provide the healthcare provider with at least 90 days’ notice of your intent to sue. D.C. does not require an expert certificate before filing, although expert testimony is generally necessary to prove medical malpractice. After a claim is filed, the parties generally must participate in mediation before the case proceeds further.
Maryland
Maryland medical malpractice claims typically begin with the Health Care Alternative Dispute Resolution Office. You must also obtain a Certificate of Qualified Expert supporting your claim. After the certificate is filed, the arbitration process may be waived so the claim can proceed in court.
Virginia
In Virginia, you must obtain a written opinion from a qualified medical expert before requesting to serve the defendant. The expert must support that the healthcare provider departed from the appropriate standard of care and that the departure caused your injuries.
As both a physician and an attorney, Dr. Michael M. Wilson brings a medical and legal perspective to evaluating whether the care you received may have fallen below the accepted standard.
What Is Contributory Negligence, and Why Does It Matter?
Washington, D.C., Maryland, and Virginia all follow pure contributory negligence. Depending on the circumstances, if your own negligence contributed to your injury even 1%, you could be prevented from recovering compensation.
However, in medical malpractice cases, not every patient action or mistake amounts to contributory negligence. Whether your conduct affects your claim depends on the circumstances, including when it occurred and whether it contributed to your injury caused by the alleged malpractice.
Because contributory negligence can have such serious consequences, you should not assume that something you did, or failed to do, automatically prevents you from pursuing a claim. You should consult an experienced medical malpractice attorney as soon as possible after discovering your injury.
What Do Medical Malpractice Claims Have in Common in D.C., Maryland, and Virginia?
Regardless of where your claim is filed, you must establish four basic elements of medical malpractice:
- Duty: The healthcare provider owed you a duty of care.
- Breach: The provider failed to meet the accepted standard of care.
- Causation: That failure caused or contributed to your injury.
- Damages: You suffered losses as a result.
Medical malpractice can involve surgical errors, birth injuries, misdiagnosis or delayed diagnosis, medication errors, hospital negligence, and many other failures in patient care.
The Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates handles medical malpractice cases on a contingency-fee basis, which means you pay no attorney fees unless the firm recovers compensation for you. Initial consultations are free.
Which Jurisdiction’s Medical Malpractice Laws Apply to My Case?
The laws that apply to your medical malpractice claim often depend on where the malpractice occurred rather than where you live. This becomes particularly important when you receive treatment from multiple providers or facilities in and around the D.C., Maryland, and Virginia area.
For example, you may live in Virginia but undergo surgery at a hospital in Washington, D.C. or reside in Maryland but receive treatment from a specialist in Virginia. When care crosses jurisdictional lines, your attorney can determine which laws and filing requirements apply.
Why Choose the Law Offices of Dr. Michael M. Wilson, M.D., J.D.?
In addition to experience, medical malpractice cases require a keen understanding of both medicine and law. Dr. Michael M. Wilson, Esq. holds both medical and law degrees from Georgetown University and has more than 30 years of experience representing patients and their families harmed by medical negligence.
Dr. Wilson’s firm has recovered more than $100 million in medical malpractice claims on behalf of injured clients throughout Washington, D.C., Maryland, and Virginia.
Frequently Asked Questions
Can I still have a medical malpractice claim if I signed a consent form?
Yes. Signing a consent form does not give a healthcare provider permission to provide negligent care. Depending on the circumstances, you may still have a medical malpractice claim if the provider failed to meet the accepted standard of care and you were injured as a result.
What if I did not realize that my doctor made a mistake right away?
Some medical errors and injuries are not immediately apparent. It is important to speak with an attorney as soon as you suspect something went wrong, as the time when you discovered or reasonably should have discovered the injury can affect the deadline for filing a claim.
Can I file a medical malpractice claim against a hospital as well as a doctor?
In some cases, more than one party can be responsible for the same injury. Hospitals may be responsible for negligence involving their employees or their own failures in staffing, policies, medication safety, or patient care.
Do I need my medical records before contacting a medical malpractice lawyer?
No, you do not need to gather all of your medical records before speaking with an attorney. A medical malpractice lawyer can determine which records and other evidence are needed to evaluate your potential claim, and arrange to acquire them, if necessary.
How can I know if a bad medical outcome was actually medical malpractice?
A poor outcome by itself does not necessarily mean medical malpractice occurred. Malpractice generally requires evidence that a healthcare provider failed to meet the accepted standard of care and that the failure caused your injury.
What if more than one healthcare provider was responsible for my injury?
A medical malpractice claim may involve multiple healthcare providers when their actions contributed to the same injury. Depending on the circumstances, responsible parties may include doctors, nurses, specialists, hospitals, or other healthcare facilities or providers.
Washington, D.C., Medical Malpractice Lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates Hold Negligent Medical Providers Accountable
The Washington, D.C., medical malpractice lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates help families at a premier medical malpractice firm. If you or a loved one has suffered medical harm, our compassionate legal team will investigate your case and fight for justice for your family. Call us at 202-223-4488 or contact us online to schedule a free consultation. We have offices in Washington, D.C., and also serve clients in Northern Virginia and Maryland.
