DC Judicial Crisis Easing? How New Judges Could Affect Medical Malpractice Lawsuits

The District of Columbia’s court system has faced significant challenges in recent years, including a backlog of cases and judicial vacancies. As of August 2025, there were 13 judicial vacancies in the DC Superior Court, with that number rising to 15 when including judges on extended leave. These shortages have led to delays and increased strain on the existing judges and attorneys. However, with new judicial appointments on the horizon, there’s hope that the judicial crisis is easing. This raises an important question: How could these new judges impact medical malpractice lawsuits in DC?

The State of Medical Malpractice in DC

Before diving into the potential impact of new judges, it’s crucial to understand the landscape of medical malpractice litigation in the District. Here are some key aspects:

Plaintiff-Friendly Interpretation of Discovery Rule: The DC Court of Appeals has a distinctly plaintiff-friendly interpretation of the discovery rule, making it easier for malpractice victims to pursue legal action even after the initial 3-year period has elapsed.
No Caps on Damages: Unlike many states, DC does not have caps on the amount of damages that can be awarded in medical malpractice lawsuits. This can significantly increase the potential settlement value of cases.
No Certificate of Merit Required: The District of Columbia is one of the few jurisdictions that does not require a certificate of merit for medical malpractice cases. Plaintiffs can file cases without obtaining formal certification from another physician.
Mandatory Mediation: According to DC law (the Medical Malpractice Proceedings Act of 2006), all named parties are required to participate in mediation in medical malpractice cases.
Educated Juries: Washington, DC has one of the most educated jury pools in the country.

Despite these factors, medical malpractice lawsuits in DC are comparatively low. One source notes that there are less than a dozen malpractice cases filed in D.C. each year, and more than 80% of these cases seem to end in defense verdicts.

How New Judges Could Affect Medical Malpractice Lawsuits

The appointment of new judges could influence medical malpractice lawsuits in several ways:

Reducing Backlog and Expediting Cases: With a significant backlog of cases, the addition of new judges could help expedite the resolution of medical malpractice claims. This could lead to quicker settlements or trials, benefiting both plaintiffs and defendants.
Judicial Philosophies and Interpretations: Each judge brings their own judicial philosophy and interpretation of the law to the courtroom. New judges may have different perspectives on medical malpractice cases, which could impact how they rule on motions, evidentiary matters, and jury instructions.
Consistency and Predictability: A full bench of judges can lead to more consistent rulings and a more predictable legal environment. This can help attorneys advise their clients on the merits of their cases and the potential outcomes, leading to more informed decisions about settlement or trial.
Specialized Knowledge: If any of the new judges have a background in medical malpractice law or healthcare, they may bring specialized knowledge to these cases. This could lead to a better understanding of the complex medical issues involved and more informed decision-making.
Addressing the “Reluctance to Sue”: One source suggests that the biggest trend in DC medical malpractice cases is that people are reluctant to sue their doctors in court. New judges, by ensuring fair and efficient proceedings, could potentially encourage those who have been adversely affected by medical practices to come forward and initiate legal action.

Advice for Navigating the Changing Landscape

Given the potential shifts in the judicial landscape, here’s some advice for those involved in medical malpractice lawsuits in DC:

Consult with Experienced Attorneys: It’s crucial to work with attorneys who are knowledgeable about medical malpractice law in DC and who stay up-to-date on the latest judicial appointments and rulings.
Prepare Thoroughly: Medical malpractice cases are complex and require thorough preparation. Gather all relevant medical records, consult with medical experts, and develop a strong legal strategy.
Be Aware of Deadlines: Pay close attention to the statute of limitations and other deadlines for filing claims. In DC, the statute of limitations is generally three years from the date the claim accrues, but the discovery rule may provide an exception.
Consider Mediation: DC law requires mediation in medical malpractice cases. Be prepared to engage in good-faith negotiations to try to reach a settlement.
Stay Informed: Keep abreast of any changes in the law or court procedures that could affect your case.

The Path Forward

The appointment of new judges in DC has the potential to ease the judicial crisis and bring positive changes to the handling of medical malpractice lawsuits. By reducing backlog, promoting consistency, and bringing fresh perspectives to the bench, these new judges could help ensure that medical malpractice cases are resolved fairly and efficiently. However, it’s important to remember that the legal landscape is constantly evolving, and those involved in medical malpractice litigation should stay informed and seek guidance from experienced attorneys.