District of Columbia medical malpractice law

In District of Columbia, you generally have 3 years to file a medical malpractice claim from the day the injury was discovered.

Sources checked November 4, 2026

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How a malpractice claim usually moves in District of Columbia

1.Something went wrong
Write down dates and names while they're fresh.
2.Get your records
Ask for your full chart and test results.
3.Free case review
A lawyer looks at what happened, free.
4.Medical opinion
A doctor checks whether the care fell short.
5.Start the claim in time
Your lawyer starts the claim before the deadline.
6.Settlement or trial
Many claims settle. Some go to a judge or jury.

Your deadline: 3 years from when you found out

District of Columbia rules at a glance

Work out your deadline

Filing deadline: 3 years from when the injury was discovered
Damage caps: No cap
Before you file: Written notice before you sue
Shared fault: Contributory

Full District of Columbia law guidedeadlines, caps, children, experts and sources

Example: treatment and discovery six months ago

TreatmentMay 7, 2026
Likely deadlineMay 7, 2029

The filing deadline in District of Columbia

The clock startsWhen you found out, or should have
Time to start a claim3 yearsMiss it and the claim is usually lost.

Limits on damages in District of Columbia

Pain and sufferingNo cap
All damages togetherNo overall cap

The rules in District of Columbia

Filing deadline

3 years

Counted from when the injury was discovered. File within 3 years. DC courts apply the discovery rule, so the clock starts when you knew or reasonably should have known of the injury, its cause and some evidence of wrongdoing.

D.C. Code § 12-301(a)(8)

Discovery rule

Applies

Yes, DC courts apply the discovery rule to medical malpractice.

Outer limit

None found

We found no statute of repose for District of Columbia.

Damage caps

No cap.

The District of Columbia does not cap damages in medical malpractice cases.

Source

Children

Different clock

The deadline does not run while the patient is under 18; the 3 years start when the child turns 18.

Affidavit of merit

Not required

No affidavit or certificate of merit is required.

Notice before suing

Required

Notify each intended defendant at least 90 days before filing, with enough information about the legal basis of the claim and the injuries. A court may excuse late notice after a good-faith effort.

D.C. Code § 16-2802

Shared fault

Contributory

Contributory negligence: any fault of yours can bar recovery

Experts

Expert evidence

Expert testimony is generally required to establish the national standard of care; there is no special statutory qualification rule.

DC is one of the few remaining contributory negligence jurisdictions: a patient found even slightly at fault may be barred. After notice, DC law also encourages early mediation (D.C. Code § 16-2821 and following).

Sources

D.C. Code § 12-301, Council of the District of Columbia
D.C. Code § 12-302, Council of the District of Columbia
D.C. Code § 16-2802, Council of the District of Columbia
State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.

Other states

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