A demand letter in a medical malpractice case is a formal written request, typically sent by the injured party (plaintiff) or their attorney, to the healthcare provider or their insurance company before initiating a malpractice lawsuit. In medical malpractice cases, this letter outlines the details of the patient’s injury, the alleged negligence of the medical professional, and the compensation being sought. It serves as a critical first step in negotiating a settlement without going to court.
Key Elements of a Demand Letter
The following are the key elements of an effective malpractice demand letter:
1. Summary of the incident: The letter begins with a clear description of the medical event or treatment that caused the injury. It includes the date(s) of treatment, the names of the healthcare providers involved, and the location where the malpractice occurred.
2. Explanation of negligence: One of the most important aspects of the demand letter is explaining how the healthcare provider was negligent. This might include the healthcare provider failing to diagnose a condition, performing surgery improperly, prescribing the wrong medication, or neglecting proper follow-up care.
3. Injuries and damages: The letter must clearly detail the injuries and harm the patient suffered due to the malpractice. This could range from physical injuries to emotional distress, lost wages, or diminished quality of life. Medical records and expert opinions can be referenced to substantiate these claims.
4. Demand for compensation: The letter specifies the amount of compensation being requested. This should reflect the costs of medical bills, lost income, future care needs, and any other damages directly linked to the malpractice. The figure may also include compensation for pain and suffering.
5. Deadline for response: To encourage a timely resolution, the letter often includes a deadline for the healthcare provider or their insurer to respond. This deadline shows that the injured party is serious about moving forward with legal action if a settlement is not reached.
Purpose of a Demand Letter
The primary goal of a demand letter is to prompt negotiations. By clearly stating the claim and the amount of compensation sought, the plaintiff opens the door to a settlement discussion. Many medical malpractice cases settle out of court, and the demand letter is an essential tool to initiate these talks.
The letter also serves as a strategic move to show that the plaintiff is prepared to litigate if necessary. The detailed account of the incident and evidence of damages demonstrate the seriousness of the claim, which can pressure the healthcare provider or their insurer to settle rather than face a lawsuit.
Benefits of Sending a Demand Letter
There are three main benefits when you or your malpractice attorney sends a demand letter.
These are:
1. Avoiding litigation: Medical malpractice lawsuits can be lengthy, expensive, and emotionally draining. By attempting to settle through a demand letter, both parties may avoid the stress and costs of going to court.
2. Clarifying the claim: A well-crafted demand letter provides a clear outline of the plaintiff’s position, helping the healthcare provider and their insurer understand the specifics of the claim. This clarity can often expedite negotiations.
3. Showing preparedness: Sending a comprehensive demand letter with strong evidence of negligence and damages signals that the plaintiff is well prepared. This can increase the likelihood of the opposing party taking the claim seriously.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski Morrow & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.