A demand letter from the attorney for medical malpractice is a notice sent to a healthcare professional to assert that they should recover damages for the harm they caused you. It details your relationship with the physician, the nature and severity of your injuries, their impact on your life, and the compensation you are seeking for all your losses.
If you get injured due to a healthcare professional’s negligent actions, such as a doctor, nurse, or pharmacist, you may be entitled to compensation for your losses. Your attorney will usually draft this letter to initiate negotiations about a suitable settlement.
What to Include in a Medical Malpractice Demand Letter
This letter often acts as the first point of contact between the attorney representing the injured party and the healthcare professional. Aside from introducing the claim, it should capture all the information known to the former that the latter should also be made aware of. This includes the following:
- A description of the healthcare professional’s relationship with the victim
- A full description of the events leading to the negligent action
- The nature and severity of the injuries suffered by the victim
- All additional losses suffered by the victim
- Causation – Facts tying the victim’s injuries to the healthcare professional’s actions
- A statement explain why the victim is entitled to compensation
- A breakdown of all the damages the victim is seeking, or
- An indication of whether a lawsuit or claim is to follow
Tips for Writing a Medical Malpractice Demand Letter
Consider the following pointers when drafting a Demand Letter from Attorney for Medical Malpractice:
- Always write a proper heading (subject line) that captures your reason for writing
- Use the first paragraph to summarize all the relevant facts
- Describe your injuries in detail, remaining factual and unemotional. For example, instead of referring to an injury as ‘very painful,’ you should try ‘third-degree burns to 75 percent of my face’
- Mention your treatment from when you first visited doctor to any ongoing care
- Always mention evidence collected proving the insured’s negligence
- Attach a dollar value to all damages
Demand Letter from Attorney for Medical Malpractice (Format)
{Date}
{Recipient’s Name}
{Health Facility Name}
{Recipient’s Address}
{City, State, Zip Code}
Re: Medical Malpractice, {Client Name}
Dear {Mr./Mrs./Ms./Dr. Last Name},
I am writing on behalf of my client, {client name}, in regard to a medical malpractice claim filed against {healthcare provider’s name} of {health facility name}. On {date of incident}, my client, who is a {describe client’s relationship with healthcare provider}, was {describe how injury happened}.
As a result of {healthcare provider’s name} actions, my client suffered {describe client’s injuries}, and has had to {define the impact of those injuries}. On behalf of client’s name, I am sending this letter as an intent to {mention reason for writing e.g. inform you of intent to sue/demand for settlement}.
Please consider this letter as an attempt to settle this claim out of court. Contact me at {contact information} after reviewing this letter and the attached documents.
Sincerely,
{Attorney’s Name; Law Firm Name}
{Attorney’s Signature}
Sample Demand Letter from Attorney for Medical Malpractice
2 March 2031
Henry Tillman
Faith National Hospital
200 Saint Street
Denver, CO 00900
Re: Medical Malpractice, Hellen Mirren
Dear Dr. Tillman,
I am writing from Pretter, Pretter, and Diaz, PLLC on behalf of our client Mrs., Hellen Mirren, a regular patient at the oncology wing of Faith National Hospital, which you head. This is in regard to a medical malpractice claim filed against you, Henry Tillman, MD, and your team.
On 3 January 2031, our client received a pap smear at your hospital and was handed the wrong records, of one Heather Mirren. The wrong records diagnosed our client with breast cancer, and upon raising an alarm on the name difference, someone in your office changed the name without conducting new tests.
You, in turn received the records and exposed our client to intense radiotherapy, which has adversely affected her health. A second opinion from another oncologist have brought back negative results for cancer. Our client is, therefore, pursuing a claim for misdiagnosis, wrongful treatment, and trauma.
Please consider this letter as an attempt to settle this claim out of court. Contact us at pretterpretterdiazlaw@email.com after reviewing this letter and the attached documents.
Sincerely,
Chelsea Pretter
Pretter, Pretter, and Diaz, PLLC
Demand Letter for Medical Malpractice (Word Template)
Key Takeaways
An effective demand letter from the attorney for medical malpractice follows a basic formula and is precise and purposeful in its intent. It is advisable to have an attorney write it for you, as they understand what it should include in the language (tone) in which it should be written.
