Medical Malpractice Settlements
Letter of Notification

• “Presented” is a word used by Doctors. Instead of saying “The patient told me,” or "the patient was trembling,” Doctors often say “The patient presented as a 35 year old male with…” or “the patient presented symptoms of nausea and lethargy.”


• The “day it happened” should be referred to as the “Date of Loss.”


• The “What happened” should be referred to as the “Incident.”


• Instead of saying “You are guilty for what you did” (or didn’t do) use the word “Culpable.” For example, “You are culpable for your negligent actions.”


• Instead of saying things like “Because you didn’t order blood and urine tests…” you should say “As a direct and proximate result of your failure to order blood and urine tests…”


• Instead of saying “Because you were in the wrong,” or "Because of what you did,” use the word “Negligence.” 


• Certain injuries might require someone to sleep alone in a bed. Any nights your spouse had to sleep on the couch and was unable to sleep with you is actionable. Personal injury law in most U.S. States allows you to claim damages for that lack of intimacy. It's referred to as “Loss of Consortium.” Don’t be too sensitive to use those words.


• Being seriously ill or injured can cause damage to your psychological well being as well as your physical health. People often feel anxious, depressed or guilty during their recovery. Psychological damage caused by an injury is the same or worse than the damage to your physical health. The collective sum of these intangibles is commonly referred to as “Mental Anguish.”


• “Negligence by Omission” is a phrase commonly used when the culpable party didn’t actively do something to hurt you. Instead he didn’t do something he should have done to protect you. In this case "but for" the Doctor's negligent omission (by refusing to order the tests) you would not have had to suffer as you did.


• “Medical Protocol” refers to the usual and customary method associated with the diagnosis of an illness. You might say something like, “The Doctor failed to follow medical protocol.”
  

1. A sentence or two confirming the day and date of your office visit.
   


2. A statement confirming why you made the appointment and the reasons you were going to see the Doctor.
   


3. A clear and unequivocal statement confirming the Doctor’s negligence by omission which led to your illness.
   


4. An initial listing of the damages you've already suffered and may continue to suffer into the foreseeable future. These include, but are not limited to, the emergency room bill, lab tests, prescriptions, loss of wages, mental anguish, and any other costs you incurred as a result of your illness. Don't include any dollar figures here, those will be adressed in your demand letter.
   


5. Conclude by instructing the Doctor to turn over your letter to his insurance company immediately, and remind him of the legal consequences if he doesn’t.
   


6. Finally, send the letter by Certified Mail, this way you have proof that the Doctor received it.