If you are injured because of medical malpractice and wish to file a claim with an insurance company, your attorney must write and submit a demand letter. The demand letter is important because going forward, all negotiations about your claim will revolve around the details included in the letter.
It is absolutely critical to speak with an attorney before writing a medical malpractice demand letter. Without an attorney, you may miss out on potential damages for your injures and pain and suffering.
Medical malpractice claims are most often strongly defended by insurance companies, and being able to negotiate a settlement is rare. A detailed demand letter will help ensure that your claim goes smoothly. The letter should include statements from yourself, your doctor, medical experts, as well as any witnesses.
Why Use a Template When Writing a Medical Negligence Demand Letter?
You should only use a template when writing a medical negligence demand letter because demand letters are intricate legal documents that help you prove exactly how you were wronged by a medical professional and the damages you’re owed. A template will ensure that you will not forget any important factors to your case.
When you use a template for a medical negligence demand letter, be sure you write formally and address the letter to the correct party. You’ll also want to include your claim number and date of injury in your medical negligence demand letter template.
Personal injury lawyers have dozens of demand letter templates at their disposal. Before using a medical negligence demand letter template, be sure to discuss your claim with a personal injury attorney.
Here is an example template for a medical negligence demand letter:
Sample Demand Letter in a Medical Malpractice Claim
The following sample demand letter demonstrates what details and information you should include in a letter of your own, using a medical malpractice example.
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[Your Name]
[Your Address]
[Your City, State, and Zip Code]
[The Date]
[Name of the Claims Adjuster]
[Their 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 number if a claim number has already been assigned to you, and you have already been contacted about the matter.)
Date of Loss: [Date of Accident or Incident in which the Medical Malpractice Took Place]
For Settlement Purposes Only
Dear Mr./Mrs. [Name of Claims Adjuster],
In response to our previous conversation on July 14, 2013, please accept this letter as our formal demand for settlement in the above-mentioned matter.
FACTUAL SUMMARY
Mrs. Elizabeth Ryan was a patient of your insured client, Franklin Leonard, M.D. On March 4, 2013, Mrs. Ryan presented to Dr. Leonard symptoms of tightness in the chest, fatigue, and lightheadedness. She emphasized during the visit to Dr. Leonard that she had suffered from these symptoms since about February 27, 2013. Against routine medical protocol, Dr. Leonard failed to examine Mrs. Ryan and sent her home after speaking to her for only about ten minutes. He failed to examine Mrs. Ryan’s chest or perform any type of cardiology or blood pressure tests.
On March 6, 2013, Mrs. Ryan began to experience severe pain and tightness in the chest. She was rushed in an ambulance to County General Hospital at [insert address], where it was determined that she suffered a massive heart attack and was admitted for emergency bypass surgery. She was also given three prescription medications [name the medications] for her heart condition.
Mrs. Ryan was subsequently unable to work due to her surgery and recovery for three months, from March 7 – June 10, 2013, as documented by the work restriction note from Dr. Yvonne Mintz, M.D., the ER physician, and the enclosed statement from the Human Resources Office from Mrs. Ryan’s employer, Larry’s Fine Foods, LLC.
Mrs. Ryan has lost three months of her full-time hourly wages. She has recovered well from her heart attack but must continue physical therapy with Cheryl Johnson, M.D., at Sunset Physical Therapy once a week for the next four months, as well as the past four months since the incident, as recommended by Dr. Johnson.
The expenses for Mrs. Ryan’s medical treatment, as documented, are:
County General Emergency Room: $503.00
Dr. Yvonne Mintz, ER Doctor: $150.00
Diagnostic Exams: $140.00
Bypass Surgery: $2,510.00
Prescription Medications: $82.00
Dr. Cheryl Johnson: $98.00
Physical Therapy, to date: $400.00
Required additional therapy: $500.00
TOTAL $4,383.00
Over the course of three months of medical leave, Mrs. Ryan additionally lost [insert dollar figure], as documented from a letter from Human Resources at Larry’s Fine Foods, LLC.
Due to the negligence of your insured, Franklin Leonard, M.D., Mrs. Ryan experienced extreme pain and discomfort and ongoing medical complications from her heart attack. These injuries have caused her to miss work as well as miss her daughter’s wedding because she was in the hospital recovering. As a result, we demand compensation for medical malpractice and general damages in the amount of $15,000.00.
We anticipate a response from you in 30 days or less from the date of this notice and appreciate your timely reply.
Sincerely,
[The Signature of Your Attorney]
[Your Attorney’s Name – printed]
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The total damages you demand are more than the actual expenses associated with your medical treatment. This is on purpose so that there is room to negotiate a reasonable settlement.
Getting Help with a Medical Malpractice Claim
A demand letter is an important document and should include all of the details and the appropriate language for your claim. As a medical malpractice claim is difficult to negotiate, it is best to retain a medical malpractice attorney, who can help you file a lawsuit, which is most likely necessary.
