The Health Law Practice Group had a pro se plaintiff’s lawsuit dismissed in the Superior Court of the District of Columbia (Rigsby, J.) for lack of pre-suit notice and a limitations bar. The plaintiff noted a timely appeal, which Jackson & Campbell, P.C. successfully defended. In Waugh v. MedStar Georgetown Univ. Hosp., No. CAM-7381-17 (D.C. Mar. 14, 2019), the plaintiff claimed he could file suit after limitations expired because he provided notice of the claim within 90 days of the expiration of limitations. He reasoned that D.C. Code 16-2803 extends limitations in some instances and claimed he was entitled to have his limitations period extended. The trial court rejected this argument and the appellate court (Thompson, Easterly, and Ruiz, JJ.) affirmed. The Hospital’s first notice of the claim was the lawsuit, and that was filed after limitations expired. Assuming the lawsuit also served as notice of the claim the notice was provided after limitations expired. Thus, he missed the opportunity to obtain any limitations extension under D.C. Code 16-2803.
Health Law Practice Group Precludes Untimely Lawsuit
TAGGED: Superior Court of the District of Columbia, Waugh v. MedStar Georgetown Univ. Hosp., D.C. Code 16-2803