All Washington, D.C. personal injury cases must follow the procedural court rules set out in the rules of civil procedure. However, Washington, D.C. medical malpractice cases are subject to additional hurdles that, if not correctly followed, may result in the dismissal of a plaintiff’s claim. Thus, plaintiffs bringing any claim that may be construed as a medical malpractice case should take all precautions to ensure they protect their right to recover.
In many medical malpractice cases, by the time a case reaches trial, it is too late for the plaintiff to comply with the strict procedural rules of a medical malpractice claim. Often, defendants argue that the plaintiff’s claim is one of medical malpractice, and that the case should be dismissed because the plaintiff failed to comply with the applicable procedural rules. These plaintiffs are then in the position of explaining why their claim is not one of medical malpractice, and is instead a claim of traditional negligence. A recent case acts as a good illustration of this principle.
According to the court’s opinion, the plaintiff was a patient at a clinic. While at the clinic, an employee attempted a venipuncture in the plaintiff’s right arm. Apparently, the employee did not have permission to conduct the procedure, and as a result of the attempted venipuncture, the plaintiff suffered serious injuries.