In the District of Columbia, you must notify the provider at least 90 days before you file. A malpractice action cannot be commenced until that requirement is satisfied, unless the court excuses it.

Award-Winning DC Trial Lawyers for Patients Harmed by Preventable Medical Error

Simeone & Miller, LLP represents patients and families across Washington, D.C. who were harmed when the conduct of a hospital, physician, or nurse fell below the standard of care. Malpractice is among the hardest injury cases to win and the most expensive to build, so the firm you choose has to be candid before it takes your case. Our Washington, D.C. personal injury attorneys tell you what we see in your records and what it will take to prove.

Why Injured Patients and Families Trust Simeone & Miller

Medical malpractice claims require more than proof that a treatment had a poor outcome. They demand records, qualified medical experts, and a credible explanation of how a provider departed from the standard of care and caused harm. Simeone & Miller carefully evaluates each of those issues.

  • Founded in 2002 by Thomas J. Simeone and Craig D. Miller.
  • Firm and attorney recognition from Super Lawyers, Lawdragon’s 500 Leading Plaintiff Lawyers, Martindale-Hubbell’s AV Preeminent rating, Washingtonian Magazine’s Top Lawyer recognition, and the Multi-Million Dollar Advocates Forum.
  • Millions recovered for victims of medical negligence, with representative outcomes available in the firm’s case results.
  • Advancement of case-building costs, including qualified-expert fees, court filing fees, deposition costs, and other directly related expenses.
  • Work directly with a skilled medical-malpractice attorney who assesses the merits of the claim and available legal options.
  • A free initial consultation, with no attorney fee unless the firm makes a recovery.

By advancing the costs required to investigate and prove a medically complex case, the firm enables patients and families to pursue a claim without first paying thousands of dollars for experts, filings, and depositions.

The Medical Malpractice Cases We Take

We concentrate on injuries severe enough to change a life permanently, including but not limited to:

This list is not exhaustive. Even when an injury does not fit neatly within one category, the key questions remain whether a provider fell below the applicable standard of care and whether that failure caused a preventable injury or worsened the outcome. Call to discuss your situation with an attorney.

What Makes a DC Malpractice Case Strong Enough to Bring

A bad outcome is not malpractice. Medicine carries risk, and a complication a careful physician might also have caused is not a case. We look for a documented departure from what a reasonably skilled provider would have done, and a clear line from it to an injury that would not otherwise have happened. Three things drive the assessment:

  • Provable causation. The records have to show the error changed the outcome, not simply that the outcome was bad. This is where claims most often fail.
  • Damages that justify the investment. These cases require multiple retained experts and years of work. Permanent disability, a lifetime of care, or a death supports that. A short delay in an otherwise full recovery does not.
  • Patient conduct could be relevant. The District still follows the common law rule of contributory negligence, and its courts do not recognize different degrees of it. If a jury finds you were negligent at all and that it contributed to your injury, the rule ordinarily bars your recovery entirely. Missed appointments, ignored discharge instructions, and an incomplete history all get used this way.

A careful review at the outset protects clients from investing time and emotional energy in a claim that the medical records and available expert evidence cannot support. The central questions are whether a provider departed from the applicable standard of care, whether that departure caused the injury or worsened outcome, and whether the resulting damages justify pursuing a medically complex case.

The Deadlines and Pre-Suit Notice That Decide Whether You Can File

A negligence action in the District must generally be brought within three years from the time the right to maintain the action accrues. Two exceptions matter here. A claim for a death caused by negligence has a shorter deadline, two years after the death, and must be brought by the personal representative of the estate. A child under 18 when the claim accrues may sue within the limited time after that disability is removed.

For a latent injury, the clock may not start on the day of treatment at all. Under the District’s discovery rule, a claim does not accrue until you know, or by reasonable diligence should know, of the injury, its cause in fact, and some evidence of wrongdoing. Courts recognize that a patient usually lacks the expertise to know whether a bad result came from wrongdoing, and reassurance from the treating provider makes it harder still to see.

The District also imposes a step that catches unrepresented claimants. You must notify the intended defendant at least 90 days before filing, with enough information to put that provider on notice of the legal basis for the claim and the type and extent of the loss you sustained. A malpractice action cannot be commenced unless that requirement has been satisfied, although the statute lets a court excuse or waive it in defined circumstances, including a good faith effort to comply. If the notice is served within 90 days of the limitations period expiring, the time to file is extended by 90 days from the date of service. Once a suit is filed, the court sends the parties to mediation before the litigation goes much further.

If a federal facility such as a VA hospital or a community health center was involved, a different federal process and deadline apply, so ask us which one governs your claim.

One Firm for DC, Maryland, and Virginia Malpractice Claims

Where you were treated decides which rulebook applies, and the three are not close to identical. The District turns on the 90-day notice above. Maryland requires the claim to go to the Director of the Health Care Alternative Dispute Resolution Office, then a certificate from a qualified expert attesting to both a departure from the standard of care and causation, within 90 days from the date of the complaint. Virginia treats a request for service of process as a certification that you already hold a signed expert opinion, unless the negligence is obvious enough that a jury needs no expert, with sanctions and possible dismissal with prejudice if you do not.

We handle claims in all three jurisdictions, so that analysis starts on day one.

Schedule Your Free Consultation With a DC Medical Malpractice Attorney

If you believe a hospital or provider caused avoidable harm, get the records reviewed before a deadline decides the question for you. Contact Simeone & Miller for a free consultation. There is no attorney fee unless we win, and we advance the costs of building your case.

Frequently Asked Questions

How long do I have to file a medical malpractice claim in Washington, D.C.?

Generally, three years from the time the right to maintain the action accrues. A claim for a death caused by negligence is different, at two years after the death. For an injury you could not reasonably have discovered right away, the clock starts when you knew or should have known of the injury, its cause in fact, and some evidence of wrongdoing, and a child’s clock is tolled during minority. Because you also owe the provider 90 days’ notice, the date you need to act is earlier.

What has to happen before I can file a malpractice suit in the District?

You must notify the intended defendant not less than 90 days before you file, and the notice has to show the legal basis for the claim and the type and extent of your loss. A malpractice action cannot be commenced until that is done, though a court may excuse or waive the requirement in defined circumstances. If the notice is served within 90 days of your limitations period expiring, you get 90 more days from the date of service.

What does it cost to hire Simeone & Miller for a malpractice case?

Nothing up front. We handle malpractice claims on contingency and advance the costs, including expert witness fees, filing fees, and deposition costs. You owe an attorney fee only if we recover for you.