Lacek v. Washington Hospital Center Corp.

Summary

The District of Columbia Court of Appeals affirmed dismissal of a medical malpractice complaint because the plaintiff did not provide the hospital with the required 90-day pre-suit notice. The court held that the Medical Malpractice Amendment Act of 2006 applied to the plaintiff's preexisting cause of action because the notice requirement was procedural and remedial. The court also rejected the plaintiff's arguments concerning good-faith compliance, waiver, and estoppel.

Holdings

1. The Medical Malpractice Amendment Act's 90-day pre-filing notice requirement applies to medical-malpractice causes of action that accrued before the Act's effective date.
2. Lacek did not establish a good-faith effort to provide the required pre-filing notice, and the Superior Court did not abuse its discretion by refusing to excuse the failure.
3. The Hospital did not clearly and unambiguously waive its right to the statutory 90-day notice.
4. Estoppel did not apply because the record did not show misleading conduct by the Hospital that caused Lacek's failure to comply, and the estoppel argument was raised for the first time on appeal.

Questions Presented

1. Whether the Act's 90-day pre-filing notice requirement applied to Lacek's medical-malpractice claim, which accrued before the Act's effective date.
2. Whether Lacek made a good-faith effort to comply with the statutory notice requirement such that the Superior Court could excuse noncompliance.
3. Whether the Hospital waived the statutory notice requirement or was estopped from asserting it.
4. Whether the Superior Court abused its discretion or plainly erred by dismissing the complaint without excusing the notice failure.

Disposition

affirmed