In the course of nursing home abuse and negligence cases, there are several procedural requirements that must be met in order to ensure that your case is in compliance with relevant state and federal laws. For example, in medical malpractice cases, the District of Columbia requires that you serve the defendant with notice of your intention 90 days prior to filing a claim. Failure to file this notice could result in your case being dismissed.
In a recent case case, Lewis v. Washington Hospital Center, DC: Court of Appeals 2013, the D.C. Court of Appeals discussed the proper standards of review and standard for allowing a case to move forward when the requirement that the defendant in a medical malpractice claim be given 90 days notice was not met. Although the facts in the case were not discussed, the plaintiff was attempting to sue a hospital on malpractice grounds, and apparently failed to serve adequate notice of her lawsuit to the hospital.
The hospital filed a motion arguing that the court should not allow for a waiver of the notice requirement, because in its opinion, a waiver is only proper when the lawsuit involves, "an otherwise unknown or unlicensed defendant, or a misnomer." Since the plaintiff was not suing an unknown defendant, the hospital argued that the "interests of justice" waiver was not proper. Additionally, the hospital argued that a separate waiver for notice, when a showing of good faith has been made regarding attempts to give notice, was also unavailable, because that was not the case either. The hospital argued, therefore, that the case should be dismissed for failing to meet the standard.
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