When someone is injured in a Washington, D.C. accident, the District’s laws allow them to file a personal injury suit against whoever caused their injury. This is an important process that allows for many Washington, D.C. accident victims to recover financially for their injuries and losses and move on from an accident. However, it is critical that residents remember that they must bring a claim within a specified period. If they miss filing within this time, which is set by statute and called the statute of limitations, then they will have their suit barred permanently. This can be a harsh wakeup call for accident victims. Thus, anyone who believes they may have been the victim of medical malpractice should contact an attorney sooner rather than later to discuss their case.
For an example of how this works in an actual case, take a recent state supreme medical malpractice opinion. According to the court’s opinion, the plaintiff suffered from periodontal disease, and received allegedly negligent treatment from October 2011 through December 2012. The plaintiff claimed that his periodontist was negligent in treating him as she failed to adequately diagnose and treat his ailments, causing him extreme pain. Additionally, the plaintiff claimed that the periodontist then failed to give him complete medical records regarding his treatment. The plaintiff filed suit in October of 2015, and the periodontist filed a motion for summary judgment to have the lawsuit dropped based on the two-year statute of limitations.
In most medical malpractice cases, the statute of limitations begins to run not when the injury actually occurs, but when the victim actually finds out about it and discovers that there may be a claim. For example, if a doctor botches a surgery and causes long-term complications, the patient may be fine for several months before they suffer adverse effects and realize what has happened. That is when the statute of limitations might begin to run.