Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Kwaco Atiba v. Washington Hospital Center, et al

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued September 21, 2011

Before FISHER, Associate Judge, and STEADMAN and REID, Senior Judges.*fn1 STEADMAN, Senior Judge:

On January 26, 2010, Appellant Kwaco Atiba filed a medical malpractice action against appellees Washington Hospital Center (“the Hospital”) and Michelle Grant-Ervin, M.D., relating to services rendered between October 27 and November 2, 2006. The trial court granted the Hospital’s motion for summary judgment based on appellant’s failure to file the complaint within the period allowed by the applicable statute of limitations. Before filing a medical malpractice action, a plaintiff must give “not less than” ninety days’ advance notice to the intended defendants. D.C. Code § 16-2802 (2009 Supp.). If, as was the case with appellant, such notice is given within ninety days prior to the expiration of the applicable statute of limitations, the time for the commencement of the action is “extended 90 days from the date of the service of the notice.” D.C. Code § 16-2803 (2009 Supp.). Appellant filed his complaint on the ninety-first day after service of the notice was effected on October 27, 2009, which the trial court ruled was one day too late. Appellant asserts that it was impossible to comply with the required ninety days’ advance notice and yet file the complaint within the ninety-day extended period of limitations. We disagree with appellant’s interpretation of the relevant statutory provisions, which creates an unnecessary conflict between them, and thus affirm the trial court’s grant of summary judgment.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Legalweek New York 2025
March 24, 2025 - March 27, 2025
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More
Go to Events Go to Webcasts
Commercial Real Estate/Transactional Attorney (Experienced)

Boutique Law Firm in Englewood Cliffs, NJ is seeking an Experienced Commercial Real Estate/Transactional Attorney for a full-time position. ...


Apply Now ›
Litigation Attorney (Experienced)

Boutique Law Firm in Englewood Cliffs, New Jersey is seeking a Litigation Associate NJ Bar admission required. NY admission a plus but is no...


Apply Now ›
Attorney

AttorneyJob Code: LEP023Pay Grade: NFLSA Status: ExemptLegal UnitJob Description:This position reports directly to the Chief Legal Officer, ...


Apply Now ›
Go to Lawjobs