Title 16 — Particular Actions, Proceedings and Matters. [Enacted title]

For the purposes of this chapter, the term: (1) “Court” means the Superior Court of the District of Columbia. (2) “Healthcare provider” means an individual or entity licensed or otherwise authorized under District law to provide healthcare service, including a hospital, nursing f…

(a) Any person who intends to file an action in the court alleging medical malpractice against a healthcare provider shall notify the intended defendant of his or her action not less than 90 days prior to filing the action. Notice may be given by service on an intended defendant …

If the notice required under § 16-2802 is served within 90 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 90 days from the date of the service of the notice.

(a) Section 16-2802 shall not apply to: (1) Any intended defendant whose name is unknown or who was not licensed at the time of the alleged occurrence or is unlicensed at the time notice is given; (2) Any claim that is unknown to the person at the time of filing his or her notice…

After an action is filed in the court against a healthcare provider alleging medical malpractice, the court shall require the parties to enter into mediation, without discovery or, if all parties agree with only limited discovery that will not interfere with the completion of med…

Unless otherwise agreed by the parties, the costs of mediation, if any, shall be equally shared by the parties.

(a) The court shall assign the parties to court-provided mediation and provide a roster of medical malpractice mediators from which the parties may hire an eligible medical malpractice mediator. In the alternative, all parties can agree to hire another individual outside the rost…

(a) For the purposes of this section, the term “a representative with settlement authority” means an individual with control of the financial settlement resources for the case and the authority to pledge those resources to settle the case on behalf of a party. (b) All parties sha…

(a) Each party shall submit a confidential mediation statement to the mediator no later than 10 days prior to the initial mediation session. The parties shall not send copies of the mediation statement to the clerk, the assigned judge, or the other parties. (b) Unless not already…

A mediator’s report shall be filed with the court no later than 10 days after the mediation has terminated, informing the court regarding: (1) Attendance; (2) Whether a settlement was reached; or (3) If a settlement was not reached, any agreements to narrow the scope of the dispu…

(a) The mediation session shall be confidential. All proceedings at the mediation, including any statement made by any party, attorney, or other participant, shall be privileged and shall not be construed as an admission against interest. Any statement at such proceedings shall n…

For the purpose of any civil action or administrative proceeding alleging medical malpractice against a healthcare provider, an expression of sympathy or regret made in writing, orally, or by conduct made by or on behalf of the healthcare provider to a victim of the alleged medic…