Were you recently harmed because of an incorrect prescription by a doctor? If so, this is considered medical malpractice and may qualify you to receive compensation through a personal injury claim.
Medical malpractice injury claims can be tricky, as sometimes it is hard to prove doctors’ negligence. Before filing a claim, it is wise to speak with a personal injury attorney to assess your situation and prepare you for the malpractice claim process.
However, if you’d like to begin on your own, you can start with writing a demand letter.
Demand letters are documents that request compensation from an insurance company. In your case, you would send this letter to the insurance company of your doctor’s hospital. This demand letter should include five key points:
- Your information
- A detailed account of your experience with the falsely-prescribed medication
- A list of any injuries and medical bills/lost wages resulting from the incident
- The official amount of requested compensation
- Any supporting documentation (bills, receipts, letters, etc.)
Sample Medical Malpractice Demand Letter
To insure your demand letter includes all necessary information, use the letter below as a reference or template.
[Your Name]
[Your Address]
[Your City, State, and Zip Code]
[The Date]
[Name of the Claims Adjuster]
[His or Her Job Title]
[Address of the Insurance Company]
[City, State, and Zip Code of the Insurance Company]
Re: Your Insured, [Name of the Defendant]
Claimant: [Your Full Legal Name]
Claim Number: (only include this if a claim number has already been assigned and you have received correspondence on the matter)
Date of Loss: [Date of the Accident or Incident that Caused Your Injuries]
Dear Mr./Ms. [Name of Claims Adjuster]
In reference to our previous discussion on July 13, 2015, please accept this letter as my official demand for compensation following the injuries sustained due to your insured, Dr. Martha Thomas. I have recently completed my recovery from these injuries and have included all medical bills and lost wages for which I am seeking compensation.
As mentioned before, I suffered immense pain and discomfort after a negative reaction between my current medication and the new medication prescribed by Dr. Thomas. Her negligence of the well-documented negative side effects caused by this drug interaction makes her responsible for both the accident and all injuries resulting from it.
On the morning of May 23, 2015, I met with Dr. Thomas to discuss taking a new medication for my anxiety and depressive disorder. Dr. Thomas prescribed Buspirone hydrochloride, an anti-anxiety medication, and instructed me to take it along with my already-prescribed Trazodone, a medication used to treat Major Depressive Disorder.
I first took the Buspirone on the night of May 23, and I began noticing side effects the morning of May 24. I took my second pill of Buspirone along with my Trazodone that morning, and my symptoms worsened exponentially. I became extremely dizzy, nauseous, and disoriented. On my way to drive myself to the hospital, I passed out on my front porch, which caused a large wound to the right side of my head.
Shortly after, my husband found me and drove me to Washington Emergency Hospital, where I was seen by Dr. John Smith. After performing an MRI and taking blood and urine samples, Dr. Smith diagnosed me with a minor concussion and concluded that the reaction was caused by the negative interaction between the Buspirone and Trazodone. I was told to stop taking the Buspirone immediately and stay home for two weeks to allow my head and body to recover.
Here are attached my medical bills, which further outline the cost of my treatment.
Ambulance: $323.00
Washington Emergency Hospital: $379.00
Dr. John Smith: $424.00
MRI: $231.00
Blood Work: $186.00
Urine Test: $165.00
TOTAL: $1,608.00
During my two week medical leave, I was deprived $1,800.00 of salary pay. I am also currently coping with the residual negative impact that this experience caused regarding my preexisting anxiety and depression. It is for these reasons that I am demanding compensation in the amount of $13,000.
I hope to receive a timely response in no later than 30 days from the date of this correspondence.
[Your Signature]
[Your Name – printed]
Note: when demanding compensation from the insurance company, request an amount greater than that of your medical expenses and lost wages.
This gives you wiggle room when negotiating later on to ensure that, if secured, your compensation satisfies your costs.
Seeking Help from a Personal Injury Attorney
Personal injury attorneys can not only help you when writing demand letters such as these, but can assist you from start to finish with your personal injury claim.Their legal assistance could be the edge you need when fighting for the compensation you deserve.
If you are interested in filing a personal injury claim, speak with an attorney today.
