Writing a Demand Letter for Medical Malpractice Cases...

Writing a demand letter for medical malpractice cases can be tricky. Most medical negligence claims should be handled by an experienced attorney due to their complicated nature.

If you haven't read the page on how to write a Notification Letter for Medical Malpractice Settlements, do it NOW, before going further.

To continue with our previous example...

You can begin writing a demand letter when your treatment is basically finished. This is when you've completed most of your recovery, stopped taking medication and are back at work. You have all the receipts related to your medical malpractice claim, everything from the emergency room bill to the last pharmacy receipt.

Before you can move on with your life you need to recover all your out-of-pocket costs (directly resulting from the doctor's malpractice), but also money for your pain and suffering and compensation for future expenses. Follow the list below to make sure you have everything needed to write a formal Demand Letter to the Doctor's insurance company...

• Emergency Room Bill / Doctor's Bills
• Lab / Test Fees
• Pharmaceutical Bills
• Lost Wages (letter from your employer)

It's now time to contact the insurance claims adjuster. She should be the same person who took your original statement and gave you the claim number for this case.

The way you present your medical malpractice claim is very important. If you don't take this demand letter seriously, the claims adjuster won't either. When writing a demand letter you will compile all your costs resulting from the Doctor's negligent omission and malpractice. But only getting reimbursed for your bills won't even begin to compensate you for all you've been through. Getting compensated for pain and suffering is a long standing tradition in the recovery of damages resulting from someone else's negligent actions.

Our legal system has long recognized the need to reimburse victims for pain and emotional distress. Because there is no way to quantifiably measure pain and suffering, it's up to the victim to impress upon the insurance company the extent of the misery caused by their insured.

The following is an example to follow when writing a demand letter. It's worded to convince the adjuster that reimbursement only for your bills will not fairly compensate you for the additional pain and suffering you had to endure, and in many ways will continue to endure into the foreseeable future.

Below is a SAMPLE to follow when writing a demand letter...

When writing a demand letter try and match the substance of the following example as best you can, substituting in the specifics of your unique medical malpractice case.

(Your Name and Address) MR. JONATHAN L. PIERCE 15562 Ellington Avenue      Dallas, TX 75247                Email: jlp43@logo.com        Telephone: (214) 689-XXX9 January 14th, 2011 (Date of Letter) Mrs. Edna Donner Claims Adjuster ABCD Insurance Company Anytown, NY 11772 Re: Your Insured: James Claus, MD (Doctor's Name) 2661 Forest Lane, Suite 165 Dallas, Texas 75247 Claim Number: 68552 Date of Loss: 12/15/2010 Dear Mrs. Donner: As you know, on November 6th, 2010 your insured negligently, and against medical protocol, refused to order blood and urine tests when I presented in his office with symptoms consistent with an infection. These simple blood and urine tests, if completed, would have quickly determined I had an infection which required antibiotics. Instead I was not prescribed antibiotics and the infection worsened. As a direct and proximate result of your insured's negligence an infection spread through my body. In so doing I suffered serious pain and discomfort lasting for over three (3) weeks. During that time I was relegated to my bed, where I suffered fever and chills as well as diarrhea, nausea, vomiting and more. I was also forced to go to the Emergency Room where, after a blood test, I was properly diagnosed by the resident doctor. All this could have been avoided if your insured had simply followed medical protocol. He didn't, even though I specifically asked him to order blood and urine tests. He wholly ignored my request and, after spending no more than five (5) minutes with me, became arrogant and walked out of the room. In so doing I was embarrassed, and made to feel as if I was not welcome, and that it would be in my best interests to leave his office immediately. These feelings may have been my perception but whether they were or not, they were certainly very real to me. After 3 weeks of suffering chills, lethargy and extreme discomfort I finally felt well enough to return to work. Although still somewhat shaky at least the infection was gone. From the day I first visited with your insured until the day I returned to work was about three (3) weeks. Because I had missed so much time from work I was lucky to still have my job as an electrician with Sweeny's Air Conditioning and Heating Company. At the time I first saw your insured I had been working for Sweeny's for over ten (10) years and was making twenty five ($25.00) dollars an hour. I remain disappointed in a man whose primary duty is, firstly to "Do no harm." The sheer arrogance of your insured and the manner in which he dismissed me, when I first told him about my symptoms and asked him about blood and urine tests, is deplorable. If your insured hadn't been negligent by omitting to prescribe the lab tests, I most likely would not have had to endure three (3) weeks of diarrhea, nausea, vomiting and fever. I also wouldn't have had to miss work. Additionally, my wife took time off from her job to spend as much time as she could taking care of me. During my recovery my wife had to sleep on the couch in the living room. She works fifty hours a week and had great difficulty staying asleep on the couch. Your insured's negligence makes him culpable for his omissions resulting in serious pain and discomfort as well as mental anguish. As a result of my prolonged and difficult recovery I suffered great anxiety about unpaid mounting bills, fear of losing my job, and guilt because my wife had to care for our children and me, while still working over fifty hours a week. These things caused me to fall into a deep depression which has only recently begun to leave me. As a direct and proximate result of your insured's medical malpractice I suffered the following damages: Emergency Room = $585.00 Lab Costs = $180.00 Prescriptions = $155.00 Lost Wages = $3,000.00 Total Expenses = $3,920.00 As a result of these injuries and my severe and prolonged pain and suffering, I demand compensation in the amount of fifteen thousand three hundred and eighty ($15,380.00) dollars. Under the circumstances the demand is fair and reasonable. Yours truly, _____________________ Jonathan L. Pierce

Let's assume at this point your demand letter has been sent to the insurance company's claims adjuster. If you've followed the tips and strategies on this site your claim will be taken seriously by professionals in the insurance industry.

Now you're on course to settle your claim. It's best to wait at least two weeks after sending the letter before calling the claims adjuster. By that time you may have already heard from her and be well into your oral settlement negotiations.

If you haven't heard from the adjuster within thirty (30) days you can give her a call. If you get voicemail try not to sound upset or anxious. Just leave your name, the claim number, your telephone number, and a brief message requesting a call back to get the settlement negotiations moving.

Don't call the adjuster too soon after the letter. In the end patience will serve you. Calling the adjuster too early may indicate to her you are in a hurry to settle. Adjusters look for those types of signals showing that you are in need of quick cash.

Claims adjusters need to settle injury claims. The last thing an adjuster wants is to have unsettled claims on her desk. But always keep in mind the statute of limitations in your state (2 years in most states). If settlement negotiations drag on for too long you may have to file a lawsuit to preserve your right to compensation.

If you negotiated your claim with the adjuster and in the end just aren't satisfied with their settlement offer, you have the option of hiring a personal injury attorney. Remember that the attorney's fee will usually be around 33% of your final settlement after expenses are taken off the top. Do the math to see if the amount you ultimately receive will be worth it.

If the medical malpractice has resulted in serious injury or death you should always work with a licensed personal injury attorney! There is simply too much at stake for a layperson to go it alone.

Again, the above article gives tips for writing a DEMAND letter (it's not the first step in the claims process). First you would send a NOTIFICATION Letter for Medical Malpractice Settlements. If you haven't read that page, do it now.

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