Health Justice Transformation - District of Columbia

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

None

Joint Liability for Multiple Defendants

No. Defendants are jointly and severally liable.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. Defendant may submit evidence of collateral sources of payment. These sources may not include life insurance or private collateral sources.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes, court may award periodic payments.

Limitation of Plaintiff’s Attorneys Fees

Yes, limited to 35% of first $100,000; 25% of the next $100,000; 10% of any remaining award.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Arbitration is permitted. If the parties do not agree to arbitration, the court must appoint an advisory panel after the complaint is filed to determine why the plaintiff sought medical care; was the correct diagnosis made; was the treatment or lack of treatment appropriate and, if not, what was appropriate; was the plaintiff injured, and if yes, what was the nature or extent of the injury; what specifically caused the injury; was the injury caused by unskillful care; if the injury did occur, what would have been the likely outcome of medical care. The panel's decision must be submitted in writing which may be submitted as evidence in a subsequent trial and any panelist may be called as an expert witness.

Standards for Expert Testimony/Witness

Experts must be licensed; trained and experienced in the same field as the defendant and certified by a board recognized by the state as having acknowledged expertise and training directly related to the particular field or matter at issue.