If an individual is injured in the District of Columbia and the local government may be at fault, a plaintiff will likely have to deal with the issue of governmental immunity. Under Washington, D.C. law, the municipal government may be immune from a civil lawsuit depending on the nature of the act. In Washington, D.C., the local government and its employees and agents are immune from suit depending on whether the act is discretionary or ministerial. The government is immune based upon its discretionary actions, but not immune from suit based upon its ministerial actions. Generally, a discretionary act is one that involved deliberation, decision, and judgment. A ministerial act is generally confined to following orders or performing a duty in which the employee has little choice. Whether an action is discretionary or ministerial often depends on the specific facts and circumstances of the case.
Local government employees also generally are protected under governmental immunity for their actions. They generally are protected as long as they are acting within their official capacity and within the scope of their employment and if they do not act with gross negligence. An individual may also act as an agent of a government entity, depending on the facts of the case.
Court Dismisses Medical Malpractice Suit Against University Based on Immunity
In a recent case before one state appeals court, that court considered whether a university was entitled to immunity after a doctor was sued at an affiliated hospital. In that case, the patient sought treatment from the doctor at his office at the hospital. The university provided healthcare services at that teaching hospital. The doctor was an employee of the university and made an agreement to provide care to patients at the hospital. The patient claimed that the doctor failed to prescribe anti-coagulants to the patient, which resulted in disabilities. The patient claimed that the hospital and the university were liable for the doctor’s actions as an agent of the university.