District of Columbia Medical Malpractice Complaint (Superior Court of D.C., Civil Division)

COMPLAINT FOR MEDICAL MALPRACTICE

Superior Court of the District of Columbia — Civil Division

Caption

Civil Action No.: [____________________ ]

Calendar / Track: Track 3 — Standard (Medical Malpractice)
Jury Trial Demanded

INTRODUCTION

1. This is a civil action for medical malpractice arising out of the negligent diagnosis, treatment, and care rendered to Plaintiff [____________________ ] by Defendants on or about [__/__/____] at [____________________ ] within the District of Columbia.

2. Plaintiff brings this action under the common law of the District of Columbia, in conformity with D.C. Code §§ 16-2801 et seq., having satisfied the mandatory 90-day pre-suit Notice-of-Intent requirement of D.C. Code § 16-2802 by service upon each Defendant on [__/__/____], a copy of which is attached as Exhibit A and incorporated herein.

3. Plaintiff seeks compensatory damages for past and future medical expenses, lost earnings, lost earning capacity, conscious pain and suffering, mental anguish, loss of enjoyment of life, and such other relief as is just and proper. The District of Columbia imposes no statutory cap on medical malpractice damages.

PARTIES

4. Plaintiff [____________________ ] is a natural person who, at all times relevant, was a [resident of / visitor to] the District of Columbia, residing at [____________________ ], Washington, D.C. [_____].

5. Defendant [PHYSICIAN NAME], M.D., is a physician licensed to practice medicine in the District of Columbia under D.C. license No. [__________ ], with a principal place of business at [____________________ ], Washington, D.C. [_____]. Defendant is a "health care provider" within the meaning of D.C. Code § 16-2801.

6. Defendant [HOSPITAL / GROUP NAME] is a [corporation / limited liability company / partnership] organized under the laws of [_____________ ], with its principal place of business at [____________________ ], Washington, D.C. [_____], and is a "health care provider" within the meaning of D.C. Code § 16-2801. At all relevant times, Defendant [PHYSICIAN NAME] was its [actual / apparent / ostensible] agent, servant, and/or employee acting within the course and scope of that relationship, rendering Defendant [HOSPITAL] vicariously liable under the doctrine of respondeat superior.

7. Doe Defendants 1 through 10 are individuals or entities, including but not limited to attending physicians, residents, fellows, nurse practitioners, certified registered nurse anesthetists, registered nurses, physician assistants, technicians, and other personnel whose negligent acts or omissions contributed to Plaintiff's injuries, but whose true names and capacities are presently unknown to Plaintiff. Plaintiff will amend this Complaint to substitute true names when ascertained, in accordance with D.C. Code § 16-2804(a)(1).

JURISDICTION AND VENUE

8. This Court has subject-matter jurisdiction pursuant to D.C. Code § 11-921(a)(6) (general civil jurisdiction in the Superior Court of the District of Columbia).

9. Venue is proper in this Court because the acts and omissions complained of occurred within the District of Columbia, the Defendants conduct business in the District of Columbia, and the Plaintiff sustained the injuries complained of in the District of Columbia.

10. The amount in controversy exceeds the jurisdictional minimum.

CONDITIONS PRECEDENT — D.C. CODE § 16-2802 NOTICE

11. On [__/__/____] — being not less than ninety (90) days before the commencement of this action — Plaintiff served upon each Defendant the Notice of Intention to File Suit required by D.C. Code § 16-2802. The Notice was served by [certified mail, return receipt requested / personal service / private process server] at the address registered with the appropriate licensing authority for each Defendant.

12. The Notice provided sufficient information to put each Defendant on notice of (a) the legal basis for Plaintiff's claim, (b) the type and extent of the loss sustained, and (c) the injuries suffered, in compliance with § 16-2802.

13. A true and correct copy of the Notice of Intention to File Suit, together with proof of service upon each Defendant, is attached as Exhibit A.

14. Ninety (90) days have elapsed since the date of service of the Notice. The condition precedent to filing under § 16-2802 has been satisfied.

STATEMENT OF FACTS

A. The Physician-Patient Relationship

15. On or about [__/__/____], Plaintiff presented to [____________________ ] for [____________________ ]. A physician-patient relationship was thereby established between Plaintiff and Defendants, giving rise to a duty of care owed to Plaintiff.

B. The Course of Treatment

16. [Describe with chronological specificity each significant clinical encounter, decision, finding, omission, and outcome. Use one numbered paragraph per discrete event. Identify by name, role, and date each provider involved in each act or omission. Cite the medical record location (e.g., "Bates No. _________") parenthetically where useful.]

17. [____________________ ]

18. [____________________ ]

19. [____________________ ]

C. The Negligent Acts and Omissions

20. The standard of care applicable to Defendants required, among other things:

a. [____________________ ];
b. [____________________ ];
c. [____________________ ];
d. [____________________ ];
e. [____________________ ].

21. Defendants breached the applicable standard of care by, among other acts and omissions:

a. Failing to [____________________ ];
b. Failing to timely [____________________ ];
c. Negligently [____________________ ];
d. Failing to obtain Plaintiff's informed consent to [____________________ ] in violation of the doctrine of informed consent recognized in Crain v. Allison, 443 A.2d 558 (D.C. 1982);
e. Failing to [____________________ ];
f. Failing to communicate to and among providers the [____________________ ];
g. Other acts and omissions to be proved at trial.

D. Injuries and Damages

22. As a direct and proximate result of Defendants' negligence, Plaintiff suffered serious, permanent, and disabling injuries, including but not limited to:

a. [____________________ ];
b. [____________________ ];
c. [____________________ ].

23. Plaintiff has incurred and will continue to incur substantial medical, hospital, surgical, rehabilitative, pharmaceutical, and related expenses, in an amount to be proved at trial.

24. Plaintiff has suffered and will continue to suffer lost earnings, lost earning capacity, and impairment of the ability to engage in normal life activities.

25. Plaintiff has suffered and will continue to suffer conscious physical pain, mental anguish, emotional distress, humiliation, and loss of enjoyment of life.

COUNT I — MEDICAL NEGLIGENCE

(Against All Defendants)

26. Plaintiff incorporates paragraphs 1 through 25 as if fully set forth.

27. Defendants, individually and through their agents, servants, and employees, owed Plaintiff a duty to exercise that degree of care, skill, and learning expected of a reasonably prudent health care provider acting in the same or similar circumstances. As to board-certified specialists, the applicable standard is national, not local. Morrison v. MacNamara, 407 A.2d 555 (D.C. 1979).

28. Defendants breached that duty as set forth above.

29. Defendants' breach was a direct and proximate cause of Plaintiff's injuries and damages.

30. WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in an amount in excess of [$________ ], plus pre- and post-judgment interest, costs, and such other relief as is just and proper.

COUNT II — LACK OF INFORMED CONSENT

(Against [Defendant Physician])

31. Plaintiff incorporates paragraphs 1 through 25 as if fully set forth.

32. Before performing [____________________ ], Defendant [____________________ ] was obligated to disclose to Plaintiff the material risks, benefits, and reasonable alternatives that a reasonable person in Plaintiff's position would have considered significant in deciding whether to consent. Crain v. Allison, 443 A.2d 558 (D.C. 1982).

33. Defendant failed to disclose [____________________ ].

34. A reasonable person in Plaintiff's position, fully informed, would not have consented to the [____________________ ].

35. Plaintiff suffered the [____________________ ], an injury within the scope of the undisclosed risk.

36. WHEREFORE, Plaintiff demands judgment as set forth in Count I.

COUNT III — VICARIOUS LIABILITY (RESPONDEAT SUPERIOR)

(Against [Defendant Hospital / Group Practice])

37. Plaintiff incorporates paragraphs 1 through 25 as if fully set forth.

38. At all relevant times, Defendant [PHYSICIAN] and the Doe Defendants were the actual, apparent, or ostensible agents, servants, and/or employees of Defendant [HOSPITAL / GROUP], acting within the course and scope of that relationship.

39. Defendant [HOSPITAL / GROUP] is therefore vicariously liable for the negligent acts and omissions of its agents, servants, and employees under the doctrine of respondeat superior.

40. WHEREFORE, Plaintiff demands judgment as set forth in Count I.

COUNT IV — CORPORATE / DIRECT INSTITUTIONAL NEGLIGENCE

(Against [Defendant Hospital])

41. Plaintiff incorporates paragraphs 1 through 25 as if fully set forth.

42. Defendant [HOSPITAL] owed Plaintiff a non-delegable duty to:

a. Exercise reasonable care in the credentialing, supervision, and retention of its medical staff;
b. Promulgate, implement, and enforce policies and procedures consistent with the standard of care;
c. Provide adequate staffing, equipment, and systems for safe patient care; and
d. Monitor the quality of medical care rendered within its facility.

43. Defendant [HOSPITAL] breached those duties by [____________________ ].

44. Said breaches directly and proximately caused Plaintiff's injuries.

45. WHEREFORE, Plaintiff demands judgment as set forth in Count I.

COUNT V — [SURVIVAL ACTION OR WRONGFUL DEATH — IF APPLICABLE]

46. [If applicable, plead survival and/or wrongful-death claims under D.C. Code §§ 16-2701, 16-2702 with appropriate paragraphs.]

DAMAGES

47. As a direct and proximate result of Defendants' negligence, Plaintiff has suffered the following damages, all of which are ongoing and continuing:

a. Past medical expenses: $[________ ];
b. Future medical expenses (present value): $[________ ];
c. Past lost earnings: $[________ ];
d. Future lost earnings / lost earning capacity (present value): $[________ ];
e. Past and future pain and suffering, mental anguish, and loss of enjoyment of life: in an amount to be determined by the trier of fact;
f. Other consequential damages: as proven at trial.

48. The District of Columbia imposes no statutory cap on either economic or non-economic damages in medical malpractice actions.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, as follows:

a. Compensatory damages in excess of [$________ ], the precise amount to be determined by the jury;

b. Pre-judgment interest pursuant to D.C. Code § 15-108;

c. Post-judgment interest pursuant to D.C. Code § 28-3302;

d. Costs of suit;

e. Such other and further relief as the Court deems just and proper.

JURY DEMAND

Plaintiff demands trial by jury on all issues so triable, pursuant to Super. Ct. Civ. R. 38.

RULE 11 SIGNATURE BLOCK

Respectfully submitted,

[____________________ ]
[ATTORNEY NAME], D.C. Bar No. [__________ ]
[FIRM NAME]
[Address]
Washington, D.C. [_____]
Telephone: [(___) ___-____]
Facsimile: [(___) ___-____]
Email: [____________________ ]

Counsel for Plaintiff

Date: [__/__/____]

EXHIBITS

• Exhibit A: Notice of Intention to File Suit, dated [__/__/____], with proofs of service on each Defendant pursuant to D.C. Code § 16-2802.

CHECKLIST — D.C. MEDICAL MALPRACTICE COMPLAINT

☐ NOI under § 16-2802 served at least 90 days before filing
☐ Proof of NOI service attached as Exhibit A
☐ NOI service date and method pleaded specifically (¶ 11)
☐ § 16-2803 SOL extension pleaded if NOI within 90 days of expiration
☐ § 16-2804(a) exception pleaded for any unknown/unlicensed defendant
☐ Filed within 3 years of injury or reasonable discovery (§ 12-301(8))
☐ Wrongful-death claims (if any) filed within 2 years of death (§ 16-2702)
☐ Minor's claims appropriately styled by next friend; tolling under § 12-302 noted
☐ NO certificate of merit attached (D.C. does not require one)
☐ NO damages cap pleaded (D.C. has none)
☐ National standard of care alleged for board-certified specialists (Morrison)
☐ Doctrine of respondeat superior pleaded against institutional defendants
☐ Corporate-negligence count pleaded only where factually supported
☐ No reference to pure expressions of sympathy as evidence of liability (§ 16-2841)
☐ No allegations that arguably show plaintiff fault (contributory-negligence trap)
☐ No federal-employee/FTCA-deemed defendant included (use FTCA template if so)
☐ Jury demand made
☐ Rule 11 signature block complete with D.C. Bar number
☐ Filing fee and Civil Cover Sheet prepared
☐ Initial Scheduling Conference order anticipated; mediation under § 16-2821 calendared

SOURCES AND REFERENCES

• D.C. Code § 12-301: https://code.dccouncil.gov/us/dc/council/code/sections/12-301
• D.C. Code § 12-302: https://code.dccouncil.gov/us/dc/council/code/sections/12-302
• D.C. Code § 16-2801: https://code.dccouncil.gov/us/dc/council/code/sections/16-2801
• D.C. Code § 16-2802: https://code.dccouncil.gov/us/dc/council/code/sections/16-2802
• D.C. Code § 16-2803: https://code.dccouncil.gov/us/dc/council/code/sections/16-2803
• D.C. Code § 16-2804: https://code.dccouncil.gov/us/dc/council/code/sections/16-2804
• D.C. Code § 16-2821: https://code.dccouncil.gov/us/dc/council/code/sections/16-2821
• D.C. Code § 16-2841: https://code.dccouncil.gov/us/dc/council/code/sections/16-2841
• D.C. Wrongful Death Act §§ 16-2701 to 16-2703
• Morrison v. MacNamara, 407 A.2d 555 (D.C. 1979) — national standard of care
• Crain v. Allison, 443 A.2d 558 (D.C. 1982) — informed consent
• D.C. Superior Court Civil Rules: https://www.dccourts.gov/superior-court/civil-division
• D.C. Courts mediation in medical malpractice: https://www.dccourts.gov/services/mediation-matters/medical-malpractice

This template is provided for use by licensed District of Columbia counsel. It is not legal advice. All citations must be verified against current D.C. Code and Superior Court Civil Rules before use.