A friend's husband died after surgery and the family is thinking about a D.C. wrongful death case or D.C. medical malpractice case. Can you have a D.C. wrongful death case against a hospital or doctor?
Yes. The D.C. Wrongful Death statute applies to medical malpractice and other accident cases, if someone died as a result of medical errors or an accident that wasn't their fault.
D.C. also recognizes a survival claim based on medical malpractice or an accident that ultimately causes someone's death. The wrongful death act provides for damages to survivors based on the training, education, guidance, etc. that the person provided and the survival action recognizes pain and suffering the person had before he or she died.
The wrongful death act has a one-year statute of limitations and the survival act has a three-year statute of limitations.
Obviously, this is a very general overview of D.C. wrongful death and survival cases and since every case and person is unique, just call us at 202-393-3320 to discuss your specific situation.