medical malpractice cover letter examples

15 Sample Letters of Intent to Sue Medical Malpractice

Medical malpractice is a serious issue that can have lasting impacts on patients and their families. When medical negligence is suspected, one of the initial steps in seeking justice and compensation is to send a letter of intent to sue to the healthcare provider or institution involved.

This letter serves as a formal notice of the intent to initiate legal action due to alleged malpractice. Crafting an effective letter of intent is crucial, as it sets the tone for potential legal proceedings and communicates the seriousness of the allegations.

Sample Letters of Intent to Sue Medical Malpractice

The following are 15 sample letters of intent to sue for medical malpractice, each addressing different scenarios and complexities involved in such cases. These letters are designed to provide a guide on how to articulate the intent to pursue legal action while maintaining a professional and assertive tone.

Sample 1: Surgical Error

Dear [Doctor/Hospital Name],

I am writing to inform you of my intent to initiate legal proceedings against you for the surgical error that occurred during my operation on [Date]. This error has resulted in significant pain, suffering, and additional medical expenses. I believe this constitutes medical malpractice.

Your immediate attention to this matter is expected. I am prepared to provide all necessary documentation to support my claim.

Sincerely, [Your Name]

Sample 2: Misdiagnosis

To Whom It May Concern at [Hospital/Clinic Name],

This letter serves as a formal notice of my intent to sue for the misdiagnosis of my condition which occurred under your care. This misdiagnosis has led to unnecessary treatments and a delay in the correct treatment, causing further health complications.

I urge you to take this notice seriously and await your prompt response.

Regards, [Your Name]

Sample 3: Anesthesia Error

Dear [Anesthesiologist’s Name/Hospital Name],

I am intending to sue for the anesthesia error that occurred during my surgery on [Date]. This error has caused me prolonged physical and emotional distress. I believe this incident is a clear case of medical negligence.

I expect your cooperation in resolving this matter. Further legal action will be taken if a satisfactory response is not received.

Best, [Your Name]

Sample 4: Birth Injury

To [Doctor’s Name/Hospital Name],

With deep regret, I must inform you of my intent to pursue legal action for the birth injury that my child suffered under your care. This injury has had devastating effects on my child’s health and development. I hold you responsible for this outcome.

I anticipate your acknowledgement of this letter and the seriousness of these allegations.

Sample 5: Incorrect Treatment

Dear [Healthcare Provider/Hospital],

This is to notify you of my intention to sue for the incorrect treatment administered to me on [Date]. This treatment was not only ineffective but also exacerbated my health condition.

Your immediate attention to this notice is required.

Kind regards, [Your Name]

Sample 6: Delayed Treatment

To [Hospital/Clinic Name],

I am writing to inform you of my intent to initiate legal action against your facility for the delayed treatment of my [Medical Condition]. This delay has led to significant deterioration of my health, causing undue suffering and financial burden.

I expect a timely response to this serious matter.

Thank you, [Your Name]

Sample 7: Hospital-Acquired Infection

Dear [Hospital Administrator],

I intend to sue your hospital for the infection I acquired during my stay, which I believe was due to poor sanitary conditions and negligent care. This infection has caused me substantial harm and additional medical costs.

I await your urgent response to this matter.

Sample 8: Medication Error

To [Doctor/Pharmacist/Hospital],

I am notifying you of my intention to take legal action due to the medication error that occurred under your supervision. This error has had serious repercussions on my health and wellbeing.

I demand your immediate attention to rectify this situation.

Best regards, [Your Name]

Sample 9: Failure to Obtain Consent

This letter serves as notice of my intent to sue for your failure to obtain my informed consent before proceeding with [Treatment/Surgery]. This lack of consent led to unexpected complications and trauma.

I expect a prompt response to this grievance.

Sample 10: Incorrect Surgery

To [Surgeon’s Name/Hospital Name],

I am writing to inform you of my intent to sue for the incorrect surgery performed on me on [Date]. This mistake has resulted in unnecessary pain and additional medical procedures.

I urge you to take immediate action regarding this matter.

Sample 11: Diagnostic Error

This letter is to notify you of my intention to pursue legal action for the diagnostic error made in my case. This error led to a significant delay in receiving the appropriate treatment, causing further health complications.

I await your serious consideration and response.

Sample 12: Postoperative Negligence

I intend to take legal action against your facility for the postoperative negligence I experienced. This negligence resulted in severe complications and prolonged my recovery period unnecessarily.

I expect a comprehensive response to this allegation.

Sample 13: Lack of Follow-Up

Dear [Healthcare Provider],

I am notifying you of my intent to sue for your lack of follow-up after my recent [Procedure/Treatment]. This oversight has led to a deterioration in my condition that could have been prevented.

I demand your immediate attention and a response to this matter.

Sample 14: Equipment Malfunction

This letter serves as a formal notice of my intent to sue for the injuries I sustained due to equipment malfunction at your facility. This incident was traumatic and caused me significant physical harm.

I expect a prompt and serious response to this issue.

Sample 15: Inadequate Staffing or Supervision

I am intending to pursue legal action against your hospital for the inadequate staffing or supervision that contributed to my [Incident/Medical Issue]. This lack of proper care has had a detrimental effect on my health and recovery.

I await your urgent acknowledgement and response.

These sample letters of intent to sue for medical malpractice cover a range of scenarios, from surgical errors to diagnostic mistakes. Each letter is crafted to clearly articulate the allegations of negligence and the intent to seek legal recourse. It’s essential for individuals to consult with a legal professional before sending such a letter to ensure that their rights are protected and the letter accurately reflects the legal aspects of their case. A well-written letter of intent can be a powerful tool in the pursuit of justice and compensation for medical malpractice.

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5 Attorney Cover Letter Samples & Writing Guide in 2024

• Attorney Cover Letter
• Lateral Attorney
• Associate Attorney
• Senior Attorney
• Trademark Attorney
• Writing Your Best Attorney Cover Letter

As an attorney with unparalleled writing skills, legal acumen, and a knack for winning justice, your first challenge is to prove your worth. Although your history of victorious cases speaks volumes, securing a job hinges on the strength of your attorney resume and cover letter, highlighting your on-the-job skills and qualifications.

The task of crafting these documents might seem daunting, especially after long days filled with legal research and complex language. However, our resources, including a free cover letter builder , five attorney cover letter examples, and a comprehensive writing guide, are here to simplify the process.

With our assistance, you’ll easily write a cover letter that not only gets you noticed but also establishes a strong precedent for your career moves.

Attorney   Cover Letter Example

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Block Format

Why this cover letter works

• Just as you would for your resume, include metrics in your attorney cover letter. If you drafted a new substantive motion, explain how your efforts created a positive impact for the client or company.
• As much as you can, include experience that matches the  attorney job description . 
• If you don’t have experience in the chosen field, share your transferable skills and your eagerness to transition to a new practice area.

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Relax! We’ll do the heavy lifiting to write your cover letter in seconds.

Lateral Attorney Cover Letter Example

• It’s like riding back in time through your career, starting from your latest, most senior roles and backward to the junior positions. You bet the recruiter will be hooked on an intriguing tale of your progression from rookie phases to the top leagues.

Associate Attorney Cover Letter Example

• Just like Jayden recalls his friend’s legal tussle, all thanks to remarkable representation, a powerful personal narrative instantly captures the attention and sets the right tone for the rest of the masterpiece.

Senior Attorney Cover Letter Example

• In your senior attorney cover letter, follow an outline (like the one we’ll provide in a bit) to ensure you’re including the necessary details.
• Specifically for your body paragraphs, shoot for three objectives: explaining your experience, a specific task or requirement you accomplished, and what resulted from it.   
• Derive a theme (or multiple) from the organization’s mission or job description to center your cover letter around; then, include details from your experience that relate to that theme.

Trademark Attorney Cover Letter Example

• It’s okay to get a little personal if you can connect it with the job description. Use your experiences and knowledge of the company to discuss a goal, ideal, or passion you both share. 
• Not every past position you’ve held will perfectly fit this new role, but that doesn’t mean there aren’t transferable skills you can include in your trademark attorney cover letter. 
• Scour the  attorney job ad  for general responsibilities instead of strict specifics. Look for keywords like “collaboration,” “develop,” “identify,” and “research;” then incorporate positions where you used those  job skills . 

Need a Matching Resume for Your Attorney Cover Letter?

You can start editing this template immediately, you can choose a template that matches the first two attorney cover letter samples, or you can choose a completely different  resume template . They’re all free, and they’re all there to make your life a little easier as you work on securing your next attorney position.

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Beat the Competition with Your Best Attorney Cover Letter

As an attorney, you know how you can best help your client, but do you know how to advocate for yourself? Your cover letter must present a favorable argument for your qualifications, exhibit knowledge of the company, and relate your skills to the job description’s requirements—all with a professional yet ardent tone.

It’s a lot, but if anyone can effectively present their accomplishments to a tough crowd, it’s you. Write a hard-hitting attorney cover letter with these simple tips.

Tip 1: Due diligence is a must

There’s  no point in submitting a generic cover letter . If your cover letter looks like it’s been submitted to multiple organizations, employers will assume you’re not all that interested in the job. 

Moreover, if your cover letter doesn’t speak to their job description, they’ll assume you aren’t a good fit. Instead, hit the books (figuratively) and research the company. Then address their specific needs based on what you find online and in their job description.

If you reveal a strong link between your qualifications and their requirements, employers will be hard-pressed not to consider you.

Tip 2: Detail a couple of major accomplishments

No one likes a broken record, so your attorney cover letter can’t simply repeat your resume. A cover letter’s purpose is to relate your experiences and skills to the company in a way your resume can’t. 

A cover letter also gives you the space to examine specific accomplishments in detail. You may argue that you’ve covered everything in your resume, but we know that’s not the case. Go beyond the basics to explore the motivations behind your achievements and how they reveal your value on the job. Are you exceptionally thorough? Find a task that highlights your attention to detail. Are you a whiz at research? Integrate that detail into a metric about your cases.

Here’s one example that gives you a glimpse into the candidate’s methods and motivations.

As a senior associate with Pincus & Associates, PC, I mentored summer and junior associates throughout their onboarding process. After the initial training period, I realized many mentees were struggling with repeat issues, such as voir dire and preparing witnesses. To combat this, I created video lectures and PowerPoint slides to explain procedures and laws surrounding the issues and gave examples, both good and bad. After two months of video training, the new hires completed double the number of tasks, and their client satisfaction scores rose by 18 percent.

These examples show the candidate’s passion for the job and their relevant experience. Moreover, the candidate demonstrates the value they’ll bring to their next role. 

Tip 3: Nail down a winning tone & persuasive message

You’ve successfully incorporated your research, accomplishments, and personal style into your cover letter, but a cover letter is more than that. Here comes the tricky part: adjusting your message and tone.

The correct message and tone can mean the difference between getting dismissed or getting noticed. Remember, although we’ve compared a cover letter to a trial, your letter shouldn’t sound like a cross-examination. It also shouldn’t come across as flattering, casual, or confusing.

Think of your cover letter as the pre-interview. It’s a way to get your foot in the door and encourage further communication. Nailing the right message and tone isn’t easy, but there is good news: unlike a trial, you can start over. 

Revision plays a huge part in writing cover letters. No one has a perfect first draft, and oftentimes, even the second or third drafts aren’t ideal (ask us how many times we’ve revised our cover letter examples). Luckily, you can keep revising and editing until you have an error-free draft that accurately sums up your experience and fervor for the job. 

If you think your judgment isn’t perfectly sound, you can appeal to a coworker and ask them to suggest edits. Their new perspective is more likely to catch content errors and grammatical faux-pas. 

Think of your cover letter as the pre-interview. It’s a way to get your foot in the door and encourage further communication.

All that’s left is one last round of revision before you save it and send in your application to the attorney job you’ve been eyeing.

How to Format an Attorney Cover Letter

Building arguments are your strong suit, which will help you immensely when writing your cover letter. But even the most experienced of writers can find themselves paralyzed by the blank page. Use our outline to build a case employers can’t refuse.

Attorney cover letter header and greeting

Your contact info:  Don’t leave your future employer wondering how to contact you. Include your email, number, and address (city and state) at the top of your cover letter. Many employers also like to see your LinkedIn profile.

• Formatting:  Don’t include your name in the address, whether in a template or block format. In block format, you’ll only need to include your name in the signature. In a template, your name goes on the letterhead, too.

Date:  Adding a date to your cover letter is a professional touch, and it can help both you and the employer keep track of your documents. Just change the date to reflect the actual day you submit your application.

• Formatting:  Write out the full date, e.g. January 3, 2023.

Inside address:  Although a virtual cover letter doesn’t need to be sent by post, you should still include the employer’s address, also known as the inside address. Include the hiring manager’s name, their official title, and the company’s physical location.

Some companies are a bit tricky to track down, especially if they have multiple locations. Scouring Facebook, LinkedIn, and the company’s website usually yields favorable results. Also, check the job description—sometimes they specify where or to whom your documents should be sent. If there are multiple locations, use the address of the location in which you’ll work. 

Heather Adams, Firm Administrator Reed McClure 1215 Fourth Avenue, Suite 1700 Seattle, WA 98161

• Formatting : Each part of the address should be on a new line. Double-space between the inside address and greeting. 

Greeting:  Every word of your cover letter matters, including your greeting (also called the salutation). A poor greeting indicates a lack of etiquette (dangerous in the highly competitive legal field). The good news? A good greeting is pretty easy to get right. Use “dear” and the name of the hiring manager.

Dear Ms. Adams:

• Formatting:  Plenty of letters use a comma in the greeting, but colons are more professional, especially for an attorney.

Attorney cover letter introduction

Introduction:  Applying to job after job might get monotonous, but your opener has to sound genuinely excited. Don’t underestimate the power of sincere enthusiasm for the organization and knowledge of its operations. It can also help to include personal details to empathize with the employer. Although, we would urge you not to include intimate details like this:

Your law firm values hard work and dedication, which sums up my career. Ever since I was a child, I wanted to become a lawyer. I even acted out cases with my stuffed animals! As I grew older, I made sure I received top marks in every class so I could attend Harvard, the law school of my dreams. My commitment was so intense that I never had a relationship that lasted more than 3 months, but it was so worth it.

Although this opener definitely keeps the hiring manager reading, it’s probably because they find your cover letter funny (also known as you don’t stand a chance) instead of compelling. It’s far too personal and has no real relevance to the job. Instead, include details that relate to the company and what you can offer:

The Conservation Law Center’s mission to provide legal assistance to conservation organizations exemplifies my goals as a senior attorney. Throughout my career, I have offered at least 60 hours a year of pro bono work surrounding environmental law. The senior staff attorney position at your law center is a way to combine my passion for conservation, my love of mentorship, and my years of experience to provide assistance where needed most.

Here, Valente explains his background in environmental law and why he wants to work for the company. He leaves no doubt that he wants to work for them specifically, which will make any hiring manager take notice.

Attorney cover letter body

Body paragraphs:  Each paragraph should substantiate your claims in the opening paragraph. Your space is limited, so focus on the highlights. Ideally, keep each paragraph focused on one accomplishment like this: 

Later, as a trademark attorney for Classics United Entertainment, I had the opportunity to work with a cross-functional team of designers, actors, producers, directors, and artists to create trademarks for all six departments within the Spears & Things division. For each trademark, I conducted a rigorous trademark clearance search to ensure trademark law compliance and eligibility. Once completing the trademark clearance process, my team and I successfully gave our efforts to developing clearance search procedures for future legal staff, creating a cohesive system across the three CUE divisions.

Although this paragraph isn’t focused on one task, it is focused on one process, and one aspect of that process in particular. Stella explains the overall trademark clearance process but keeps the focus on teamwork with phrases like “work[ing] with a cross-functional team” and “[giving] our efforts.” She effectively shows her legal abilities  and her team-building strategy, both of which bode well for future employers.

Attorney cover letter closing

Closing paragraph:  Good endings are hard to achieve because they have to leave the recruiters both curious yet satisfied. Scale back and reiterate the big-picture view of your values and qualifications and how they align with what the company/organization needs. End with a call to action that encourages the employer to reach out. Just don’t fall into arrogance like this:

This job requires someone who has years of experience and who values justice. In that case, I am your perfect candidate. In my 10 years of work, I have never lost a case, and I love to argue until everyone knows I’m right. I know I can win the most cases for your company; reach out to me if you want to hire a winner.

Not only is this arrogant, but it’s also unprofessional. Instead, write something that humbly indicates your enthusiasm:

My goal has always been to provide clients with trustworthy, honest service that makes clients feel safe and valued. Reed McClure shares my vision of providing litigation services to improve the lives of both clients and the community. At your convenience, I welcome the chance to further demonstrate how our goals are aligned and how I can personally contribute to Seattle’s civil case resolution.

This close reminds the employer of the candidate’s persona, values, and aligned goals. It’s also clear that a follow-up is desired and anticipated.

• Formatting : Single-space your paragraphs, but double-space in between paragraphs. 

Signature:  Mind your manners and say “thank you” if you haven’t already said it in the closing paragraph. Then, sign off with a professional closer along with your name.

Respectfully,

Valente Ferreira

• Formatting : If you’re presenting any hard copies of your attorney cover letter, quadruple space to sign your name in blue/black ink. 

Enclosure(s):  This is an important piece to include although many cover letters miss it. This section delineates any other documents you’re attaching, which shows employers you’ve done your research regarding their requests and requirements. In addition to your resume, you may need to include documents like your law school transcript, a writing sample, and/or the job application.

Enclosures: Resume J.D. transcript Writing sample USPTO Law School Clinic Certificate

• Formatting : Use the singular or plural form of “enclosure” depending on what you’re enclosing. 

Your Dream Attorney Role Awaits…Almost

Your cover letter is finished! Case closed, right? Objection—you still have to perfect your  attorney resume . Both resume and cover letter work in tandem to affirm and defend your qualifications, so both must be polished and complete.

But don’t stress—we have you covered. We offer free  modern resume templates  for you to use, or you can try one of our  Word resume templates  (there’s one created especially for a lawyer). You can craft a winning resume in no time; in fact, if you like this attorney resume example, you can begin editing it now. 

Senior Attorney Resume

Need a resume to pair with your AP English teacher cover letter?

Whether you’re  outlining your resume  or checking it over a final time, our  smart resume tool  will help you identify gaps and errors. We’re here for you every step of the way, so you can keep doing what you do best—fighting for justice.

You know the significance of formalities in the legal profession, so optimizing the greeting is an important step. Carefully review the attorney job description to see if a hiring manager or decision-making partner is listed as a contact person. Additionally, check the law firm’s website or LinkedIn profiles to see if you can find the name of a specific person in charge of hiring. If you still can’t find anything, you can simply lead off with “Dear [Name of Law Firm] hiring staff” or a similar greeting.

Legal cover letters should be more formal than other careers. Think about all the formal correspondence you must write up for contracts and legal proceedings. However, you should still review the job description’s tone to determine the level of formality. Some firms do value a more friendly and casual atmosphere, so adjusting your tone in those instances is a good idea.

Consider the stylistic choices you’d make when writing up a case brief for a client. Everything should be concise, well-spaced, in an easy-to-read 11-12 point font, and ideally addressed to a specific person. It helps present a professional feel and allows hiring managers to easily identify your top skills in aspects like settlements and tort laws.

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Defining Medical Malpractice: How to Take Legal Action

• Responsible Parties
• Qualifications
• Initiating a Case
• Compensation

The American Bar Association says, “Medical malpractice is negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital or hospital worker—whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.” For example, if a physician gives a person a treatment that could harm them, that could be considered medical malpractice. It is a form of professional negligence that can be tried in a court of law.

This article discusses examples of medical malpractice, who’s responsible, and how to initiate a medical malpractice case if it happens to you.

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Examples of Medical Malpractice

Several different scenarios can be considered examples of medical malpractice. They include:

• Misdiagnosing or failing to diagnose something with a specific ailment
• Ignoring and misreading lab results that could negatively affect someone’s health
• Performing surgery unnecessarily
• Surgical errors or wrong-site surgeries
• Prescribing the wrong medication or dose
• Failing to perform proper aftercare or follow-up with patients
• Discharging a patient before they should go home
• Failing to take an appropriate patient history or disregarding a patient’s health history
• Failing to order the appropriate tests needed to diagnose a patient accurately
• Failing to recognize symptoms as they present themselves

When a healthcare provider does any of these things, and it leads to injury, or worse, for a patient, it is considered medical malpractice.

Legal Jargon and Meanings

Terms used in medical malpractice claims can include:

• Negligence: The failure to behave with the same level of care that a reasonable person would give in the same circumstances.
• Statute of limitations: This is the length of time that can pass before a person can no longer file a claim. For medical malpractice, it is typically two to three years in the United States.
• Tried in court: A situation in which a medical provider will be charged and proven innocent or guilty by a jury.
• Plaintiffs: Patients filing a medical malpractice case.
• Defendants: The medical provider(s) involved in the malpractice case.
• Discovery: A phase before the trial where each party learns more about the case and is given information from opposite sides.

Responsible Parties in Medical Lawsuits

Providers, such as medical personnel and facilities, claimed to be responsible for medical malpractice are considered the defendants. For example, a doctor and a nurse considered responsible for negligence toward a patient can both be charged with medical malpractice. The primary provider is typically sued for negligence, not the entire medical team . In the case of patient vs. provider, the patient would be the plaintiff, and the provider would be the defendant.

In a medical malpractice suit, the plaintiff is the party who claims they experienced injury due to negligence or are the family members of the patient who died.

How to Find Out if a Provider Has Malpractice Complaints

Patients looking for new healthcare providers can check their malpractice status by going to the DocInfo site and the Federation of State Medical Boards . There, you can search for any malpractice suits or complaints that may be lodged against a specific provider. You may also be able to do a quick online search by typing the healthcare provider’s full name and “medical malpractice suit” into the search bar. You can also check the state licensing board. However, since medical malpractice suits aren’t typically shared across different states, it’s essential to check through licensing boards across all states to find out.

Medical Malpractice Qualifications

The laws are clearly defined, and certain criteria must be met for a medical act to qualify as malpractice, including:

• Legal duty to treat the patient: A healthcare provider has a legal and just duty to provide care for the patient and their current health problems.
• Violation of standard of care: A healthcare provider did not offer the appropriate medical care as per the standard.
• Injury or death caused by negligence: A person was injured or lost their life due to the healthcare provider’s negligent actions.
• Significant damages occurred because of the injury: There is enough damage to justify a case, and the financial recovery from the suit will be greater than the cost of pursuing the lawsuit.

If a patient can prove these four characteristics accurately describe their situation and are within the statute of limitations, they can file a malpractice claim.

What Part of Medical Malpractice Is the Most Difficult to Prove?

Proving that a healthcare provider acted intentionally when breaching the standard of care is the hardest to prove because accidents and poor outcomes can happen in the medical field. That does not mean that they are automatically medical malpractice.

How to Initiate a Medical Malpractice Case

When a patient wants to initiate a medical malpractice suit, they must take important steps in the proper order. That way, they can help build a strong case for themselves.

Since healthcare providers will be doing everything to defend themselves against medical malpractice, it is essential to get everything in order before launching a case.

The steps to follow are:

• Finding a lawyer: You will want to hire a lawyer with experience in medical malpractice.
• Gathering evidence: Together with your lawyer, you will need to gather as much hard evidence as possible to prove that the healthcare provider acted with negligence and it led to significant injury or death. This could include gathering health records , imaging and other test results, and any other documentation pertaining to your experience.
• Reviewing documents with an expert: After you have all the documents you need, an expert will likely need to review them to ensure you have all the information you need to file a suit against a healthcare provider.

After that, discovery occurs, in which both parties share information about the witnesses and evidence.

Gathering Information

To make the best case possible, you will want to gather as much information and records as possible. They may include:

• Medical records, including office visits, test results, surgery and hospital discharge reports and summaries, etc.
• Financial records of everything you spent and will have to pay because of the injury caused
• Witnesses that can attest to your experience

Medical Malpractice Compensation

The compensation provided following a medical malpractice case will vary significantly depending on the patient’s experience and health outcome following the negligent event.

They will also vary depending on the state where a person files the case. According to research published in the journal JAMA Internal Medicine , the average payout patients in the United States receive is roughly $329,565.

There are several determining factors associated with the different payouts, including:

• The severity of the injury
• The type of negligence
• The impact the injury has had on the patient physically, psychologically, and financially
• How much medical care a person will need going forward
• The amount of evidence presented during the case
• How strong the evidence is in proving the medical malpractice occurred
• Any testimony provided by medical experts in the field
• Laws and regulations surrounding medical malpractice in your area
• The impact of the injury on the patient’s loved ones
• Whether or not the patient has/had insurance coverage

Medical malpractice is a form of professional negligence that can lead to patient injury or death. Because this type of negligence can lead to severe outcomes, it is considered a serious offense in the eyes of the law in the United States.

People who believe they experienced negligence (or their families in the case of wrongful death) can file a medical malpractice claim against the healthcare providers and facilities they find at fault as a way to cover damages and cover future costs of care due. Still, it can be challenging to prove in a court of law in some cases.

Because of that, gathering the correct information and finding the right legal team are the best ways to build a strong case against a healthcare provider who acted in a negligent manner during your care.

American Bar Association. Medical malpractice .

New York City Bar. Medical malpractice .

Attaluri PK, Wirth PJ, Moura SP, Shaffrey EC, Rao VK. The anatomy of a malpractice lawsuit . Aesthet Surg J Open Forum. 2023;5. doi:10.1093/asjof/ojad008

American Board of Professional Liability Attorneys. What is medical malpractice?

Forbes. Medical malpractice statute of limitations by state .

Robinson C, Kettering C, Sanfilippo JS. Medical malpractice lawsuits . Clin Obstet Gynecol. 2023;66(2):256-260. doi:10.1097/GRF.0000000000000777

Schaffer AC, Jena AB, Seabury SA, Singh H, Chalasani V, Kachalia A. Rates and characteristics of paid malpractice claims among US physicians by specialty, 1992-2014 . JAMA Intern Med. 2017;177(5):710-718. doi:10.1001/jamainternmed.2017.0311

Hampton and King Attorneys at Law. Medical malpractice payouts by state .

By Angelica Bottaro Angelica Bottaro is a professional freelance writer with over 5 years of experience. She has been educated in both psychology and journalism, and her dual education has given her the research and writing skills needed to deliver sound and engaging content in the health space.

Medical Negligence Complaint Letter Sample: Free & Effective

In this article, I’ll guide you through the step-by-step process of writing an effective medical negligence complaint letter, drawing on my personal experiences and insights. 

Key Takeaways:

• Understand the Purpose: Recognize the importance of the complaint letter in addressing medical negligence.
• Be Specific: Detail the incident of negligence, including dates, times, and names.
• State Your Expectations: Clearly articulate what you want as a resolution.
• Provide Evidence: Attach supporting documents, such as medical records and reports.
• Follow Up: Know the process of following up after sending your letter.
• Seek Legal Advice: Consider consulting a legal professional if needed.
• Free Template: Utilize a template to ensure all critical points are covered.

Step-by-Step Guide to Writing Your Letter

Step 1: gather information.

Before you begin writing, collect all necessary information related to the medical negligence you experienced. 

This includes medical records, dates of treatment, names of healthcare providers involved, and any other relevant details. 

This information will be crucial in presenting a clear and factual account of your experience.

Step 2: Structure Your Letter

Your letter should have a clear structure: an introduction, the body, and a conclusion.

• Introduction: Start with your personal details, the recipient’s details, and a brief overview of the purpose of the letter.
• Body: Here, detail the incident of medical negligence. Be specific about dates, times, and the names of the individuals involved. Describe the impact this negligence has had on your health and life.
• Conclusion: Conclude by stating your expectations for resolution, whether it’s an apology, compensation, or corrective action.

Step 3: Be Specific and Factual

In the body of your letter, it’s crucial to be as specific and factual as possible. Describe the incident in chronological order and avoid emotional language. Stick to the facts and explain how the negligence occurred and why you believe it was a case of medical malpractice.

Step 4: State Your Expectations

Clearly state what you are hoping to achieve with this letter. It could be an acknowledgement of the negligence, financial compensation, or a commitment to improve services. Being clear about your expectations sets a clear path for the negotiations or response.

Step 5: Attach Supporting Documents

Include any relevant documents that can support your claim. This could be medical reports, a timeline of events, correspondence related to your treatment, or testimonies from other healthcare professionals.

Step 6: Keep it Professional

Maintain a respectful and formal tone throughout your letter. Even though the situation is emotionally charged, a professional tone ensures that your concerns are taken seriously.

Step 7: Proofread and Send

Before sending, proofread your letter for any errors. Ensure that the letter is addressed to the correct person or department. Send the letter via a method that provides proof of delivery, such as registered mail.

Step 8: Follow Up

After sending the letter, be prepared to follow up. Note the date you sent the letter and set a reminder to follow up if you do not receive a response within a reasonable timeframe.

Personal Tips from Experience

• Be Concise: Long letters may dilute your key points. Keep it concise and to the point.
• Chronology is Key: Presenting events in chronological order helps in understanding the sequence of events clearly.
• Emotion vs. Facts: While it’s important to express how the incident affected you, balance it with factual information about the negligence.

Real-Life Example

In one case, I assisted a client whose post-operative care was mishandled, leading to severe complications. 

We meticulously detailed the timeline of events and highlighted specific instances of carelessness. 

This not only brought clarity to the situation but also strengthened the complaint with concrete evidence.

Template for Medical Negligence Complaint Letter

Subject: Complaint of Medical Negligence

Dear [Recipient’s Name],

I am writing to formally complain about the negligent medical treatment I received at [Hospital/Clinic’s Name] on [Date(s) of Treatment]. This letter serves to bring attention to the serious repercussions I have faced due to the negligence and to seek an appropriate resolution.

[Detail the specific incident of medical negligence. Include dates, times, names of the healthcare providers involved, and a description of what occurred. Be as specific as possible and describe the impact this negligence has had on your health and wellbeing.]

Given the severity of the situation, I expect [State your expectations: an investigation, an apology, compensation, etc.]. Attached to this letter are [list any supporting documents you are including].

I trust that [Hospital/Clinic’s Name] will address this matter with the seriousness it deserves and look forward to your prompt response.

[Your Name]

[Attachments: List of documents]

I invite you to share your experiences or ask for further advice in the comments below. Your insights can be invaluable to others facing similar situations.

Frequently Asked Questions (FAQs)

1. what is a medical negligence complaint letter.

Answer: A medical negligence complaint letter is a formal letter written to a healthcare provider or facility, outlining a complaint about the level of care received and alleging that it fell below the accepted standard of care, resulting in harm or injury.

2. What information should be included in a medical negligence complaint letter?

Answer:   The letter should include your contact information, the date of the incident, the name of the healthcare provider or facility, a detailed description of the incident, any documentation or evidence supporting your complaint, and any desired outcome or resolution.

3. How long do I have to file a medical negligence complaint letter?

Answer:   The time frame for filing a medical negligence complaint letter, or for taking any legal action, can vary depending on the jurisdiction and the specific circumstances of the case. 

It is important to check with an attorney or the relevant regulatory body to determine the deadline that applies in your case.

4. Is it necessary to hire a lawyer before writing a medical negligence complaint letter?

Answer:   It is not necessary to hire a lawyer before writing a medical negligence complaint letter, but it can be beneficial. 

An attorney can help you understand your rights and options, and can assist you in drafting a letter that clearly and effectively presents your complaint.

5. What should I do if I don’t receive a response or resolution to my medical negligence complaint letter?

Answer:   If you do not receive a response or resolution to your medical negligence complaint letter, you may want to consider seeking legal advice and pursuing further action. 

This may include filing a complaint with a regulatory body, or taking legal action against the healthcare provider or facility.

This is some of the best advice I’ve seen on this subject. Thanks!

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Medical Practice Manager Cover Letter Example

Writing a cover letter for a medical practice manager position can be a challenge, but having the right resources and strategies can make the process much easier. A successful cover letter should highlight your experience and qualifications while demonstrating why you are the ideal candidate for the job. This guide will explain how to create an effective cover letter, provide a template, and give an example of a well-written letter. With these resources, you can develop a cover letter that will show potential employers why you are the best person for the job.

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Medical Practice Manager Cover Letter Sample

Dear [Hiring Manager’s Name],

I am writing to apply for the position of Medical Practice Manager at [Name of Practice]. As an experienced healthcare professional with more than 15 years of expertise in medical office operations and practices, I am confident that I have the knowledge and skills to make an immediate impact in your practice.

My current role as Medical Practice Manager has provided me with an extensive background in the medical field. I have a proven record of success in implementing and maintaining high standards of care, cost control, quality assurance, and patient satisfaction. I have extensive knowledge of medical law, scheduling, billing, coding, and ICD- 10 standards. Additionally, I have a thorough understanding of HIPAA and OSHA regulations, and I am well- versed in the use of electronic health records.

I am adept at leading teams, ensuring that the practice runs smoothly and efficiently, and providing excellent customer service to patients and staff. My strong interpersonal skills allow me to effectively communicate with staff, build relationships with physicians, and collaborate with other departments. My problem- solving skills are of great help in dealing with any issues that arise. My commitment to quality and service is evident in my years of dedicated service to the profession.

I am confident that I can provide the leadership and expertise necessary to help your practice reach its fullest potential. I am highly motivated and eager to contribute to the success of your organization. I look forward to discussing this opportunity in more detail and am available for an interview at your convenience.

[Your Name]

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What should a Medical Practice Manager cover letter include?

A Medical Practice Manager cover letter should include a professional introduction, emphasizing the candidate’s qualifications and experience in managing medical practices. It should also provide a brief overview of the candidate’s accomplishments and the reasons why they are particularly suited for the position. The cover letter should demonstrate the candidate’s knowledge of the medical industry and highlight any experience they have working with team members, patients, and vendors.

The cover letter should also showcase the candidate’s ability to handle administrative tasks, such as filing claims, managing accounts receivable and payable, and developing policies and procedures. Additionally, the candidate should discuss their ability to maintain the highest standards of patient care and staff satisfaction. The candidate should explain how they are prepared to contribute to the practice’s financial goals, while also addressing any specialty areas that they can provide expertise in.

Finally, the cover letter should provide evidence of the candidate’s commitment to team building, and their ability to work collaboratively with colleagues and other medical professionals in order to provide the best possible care to patients. By presenting a comprehensive and well- crafted cover letter, the candidate can make a strong case for why they are the right fit for the Medical Practice Manager position.

Medical Practice Manager Cover Letter Writing Tips

Writing a cover letter for a medical practice manager position is an important step in the job search process. A well- written cover letter can make a difference in whether or not you get the job. Here are some tips to help you write a standout cover letter:

• Start your letter off with a brief introduction. Be sure to include your name, contact information, and the position you are applying for.
• Show your enthusiasm for the job. Demonstrate your knowledge of the position by highlighting your experience in the medical field and any relevant certifications you have.
• Explain why you are the best candidate for the job. Use specific examples to illustrate your qualifications and highlight any successes you have had in your past roles.
• Make sure to customize your cover letter to each job you apply for. A generic cover letter won’t make a great impression.
• Demonstrate your communication skills. Your cover letter is a great opportunity to demonstrate your writing and interpersonal skills.
• Keep your cover letter concise and to the point. You don’t need to write a novel but you do want to make sure you cover all the important points.
• Close your letter by expressing your appreciation for the opportunity and stating how you will follow up.

Following these tips will help you write an effective and persuasive cover letter that will get the attention of the hiring manager. With the right strategy, you can make your cover letter stand out and increase your chances of getting the job.

Common mistakes to avoid when writing Medical Practice Manager Cover letter

Writing a Medical Practice Manager cover letter can be a daunting task, especially if it’s your first time. To ensure you make the best impression, it’s important to avoid some of the most common missteps. Here are some mistakes to avoid when crafting your Medical Practice Manager cover letter:

• Not tailoring the letter to the specific job: A generic cover letter won’t make a good impression. Make sure to tailor your letter specifically to the job you’re applying for, highlighting the skills and experiences that make you a perfect fit for the role.
• Not proofreading: It’s important to proofread your letter carefully before sending it in, as even small mistakes can be a sign of carelessness. Make sure there are no typos, grammar errors, or punctuation mistakes.
• Failing to include relevant information: A cover letter is your chance to showcase yourself, so make sure to include information that is relevant to the job you’re applying for.
• Not including contact information: Make sure to include your contact information, such as your address, phone number, and email address, at the top of the letter.
• Not following the proper format: Make sure to use a professional format for your letter. Use a readable font, appropriate spacing, and one- inch margins.
• Not emphasizing the employer’s needs: Make sure to emphasize how your skills and experience can help the employer. Don’t just talk about yourself—focus on how you can help the employer.

By avoiding these common mistakes, you can ensure that your Medical Practice Manager cover letter will make a great impression. Good luck!

Key takeaways

Writing a cover letter for a Medical Practice Manager position can be a daunting task. However, it’s important to take the time to craft a well- written letter that highlights your qualifications and makes you stand out from other candidates. Here are some key takeaways to help you create an impressive medical practice manager cover letter:

• Demonstrate Your Knowledge: Show that you have a good understanding of the position requirements and the medical practice’s mission and philosophy.
• Highlight Your Relevant Experience: Focus on your most relevant experience and skills that demonstrate how you will make a positive contribution to the medical practice.
• Be Concise and to the Point: Keep your cover letter succinct while still conveying your knowledge and enthusiasm for the role.
• Customize the Letter: Personalize your cover letter for each individual practice.
• Proofread and Edit: Take the time to proofread and edit your cover letter to ensure that it is free of errors.

By following these key takeaways, you can create an impressive cover letter that is sure to make you stand out from other candidates for the Medical Practice Manager position.

Frequently Asked Questions

1.how do i write a cover letter for an medical practice manager job with no experience.

Writing a cover letter for a Medical Practice Manager job with no experience can be a challenging task. You will need to focus on highlighting your skills and qualifications that make you a great fit for the role. Start by introducing yourself and explain why you are a great candidate for the job. Highlight your transferable skills, such as strong organizational skills, ability to manage and lead a team, and effective communication skills. Provide examples of when you have used these skills in other roles, even if those roles were not in a medical practice setting. Finally, make sure to include a call to action, inviting the hiring manager to contact you for an interview.

2.How do I write a cover letter for an Medical Practice Manager job with experience?

Writing a cover letter for an Medical Practice Manager job with experience is much easier than with no experience. Start by introducing yourself and explain why you are a great candidate for the job. Highlight your years of experience and any relevant certifications or training that make you an ideal candidate. Provide examples of when you have used your skills in the medical practice setting, such as managing a team, designing processes, and implementing new systems. Emphasize the accomplishments you have made in your current or past Medical Practice Manager roles, sharing specific stories of success. Finally, make sure to include a call to action, inviting the hiring manager to contact you for an interview.

3.How can I highlight my accomplishments in Medical Practice Manager cover letter?

Highlighting your accomplishments in your Medical Practice Manager cover letter is an important way to make yourself stand out from other applicants. Start by introducing yourself and explain why you are a great candidate for the job. Provide examples of how you have used your skills in the medical practice setting to make positive changes, such as streamlining processes, reducing costs, or improving patient satisfaction. Share specific stories of success that demonstrate your ability to lead and manage a team effectively. Finally, make sure to include a call to action, inviting the hiring manager to contact you for an interview.

4.What is a good cover letter for an Medical Practice Manager job?

A good cover letter for a Medical Practice Manager job should start with an introduction and explain why you are a great candidate for the role. Showcase your skills and experience, including any certifications or specialized training that make you a great fit for the job. Be sure to emphasize any accomplishments you have achieved in the medical practice setting, such as improving patient satisfaction or streamlining processes. Finally, make sure to include a call to action, inviting the hiring manager to contact you for an interview.

In addition to this, be sure to check out our cover letter templates , cover letter formats ,  cover letter examples ,  job description , and  career advice  pages for more helpful tips and advice.

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Sample Malpractice Settlement Demand Letter

Below is a sample demand letter from a medical malpractice case that thankfully settled before a lawsuit was filed. The names and parties have been changed.

Medical Malpractice Demand Letters Rarely Lead to Pre-Suit Settlement

First, a few comments about medical malpractice demand letters. These cases are challenging cases to settle before a suit is filed. Why? It is difficult to assess these cases’ value without going through the litigation process. How well did the experts hold up? Are the plaintiffs sympathetic? How likable is the doctor, and how convincing will he defend the care rendered?

Let Victims’ Lawyers Make Mistakes

There is a second reason these cases are so complex to settle pre-suit: the insurance companies. In Maryland and most states, the insurance companies have a policy of making plaintiffs’ attorneys work to get settlements, particularly if you do not have a history of getting malpractice verdicts and settlements . Because lawyers who do not know what they are doing often make mistakes in working up the claim.

In some tort cases, a plaintiffs’ lawyer has to screw up the claim pretty badly to kill an otherwise good case. In medical malpractice claims, at least with the procedural rules we have in Maryland, a neophyte malpractice lawyer takes just a few missteps to make a fatal mistake to the entire claim. The Maryland legislature and our courts are just not forgiving of these mistakes in healthcare negligence.

Make Plaintiffs’ Lawyers Work

The final reason these cases are hard to settle at the outset is that the insurance companies want to make even the best malpractice lawyers work for their settlement. They want lawyers to know there are no quick and easy malpractice settlements and that they have to work and spend money on experts and everything else a medical negligence case requires to get a settlement.

Many malpractice lawyers in Maryland chalk this up to spite, a hatred of trial lawyers. While probably a factor in the calculus, that sentiment is overblown. The reality is that this paradigm is part of a more complex strategy these insurance companies have. Medical malpractice insurance companies thrive because victims and their lawyers do not bring viable claims. Most people with a winning malpractice case do not bring a claim because they do not want to or cannot find a lawyer to help them.

If the ratio were reversed, it would spell ruin for these insurance companies. So if lawyers know they can send out a demand package in small malpractice cases and get reasonable settlements, it encourages lawyers to take those cases in the first place. If everyone with a viable malpractice claim could find a lawyer to take their claim, these insurance companies would collapse. So the hardball, “you are going to have to file suit” tactic is part of a more long-term strategy for these insurers.

Example Demand Letter

The sample demand letter below is to a hospital. This is an entirely different animal than suing a doctor with malpractice insurance. Hospitals are willing to settle cases pre-suit if it is a case they think they will lose at trial and the lawyer bringing the claim has a history of bringing successful claims. Hospitals know that malpractice lawsuits come with the territory. But they do not want to lose at trial because it tarnishes their brand. So many hospitals are willing to settle cases pre-suit for good values if the liability case is solid.

So sometimes, our malpractice lawyers skip making a demand.  We will send more of a “let us know if you are interested before we file a malpractice lawsuit” letter.  Few malpractice lawsuits will settle out-of-court before a lawsuit is filed.  But it is often worth the effort because you can save yourself – and, more importantly, your clients – time and effort with a pre-suit settlement.

Please note some jurisdictions require an intent-to-sue letter.  This is not an intent-to-sue letter.

Sample Malpractice Settlement Demand

Sandy Manchester, RN, J.D. Senior Counsel, Claims and Litigation Bethany Moss Medical Center 345 Jackson Street Baltimore, Maryland 21201

Re: Medical Malpractice claim of the late Maggie Marryman

Date of Death: September 15, 2023

Dear Ms. Manchester:

As you know, Miller & Zois represents the parents of the late Maggie Marryman. I am writing to resolve this wrongful death claim without protracted litigation. Ms. Marryman underwent an ERCP procedure on September 15, 2023, at your hospital and died during the procedure. Ms. Marryman was only 30 years old. During the procedure, she developed an air embolism that went to her heart. According to the autopsy report, the air became trapped in her right ventricle, and she was never evacuated during the 60-minute code. In fact, neither the anesthesiologist nor the gastroenterologist considered the possibility that Ms. Marryman had an air embolism, which was causing her hemodynamic instability and cardiac arrest. These physicians never took any action to diagnose an air embolism as the cause of her cardiac arrest. This failure and breach of the standard medical care is what caused Ms. Marryman’s death. Air embolisms during ERCP procedures are rare but well-recognized complications. If not promptly investigated and addressed, it will lead to the death of the patient. This is what occurred in Ms. Marryman’s case. This complication is so well known that numerous articles have been written spelling out the importance of the physicians involved in the procedure to be keenly aware of this possibility and to address it promptly. For example, Dr. Marek Mirski writes that: Vascular air embolism is a potentially life-threatening event that is now encountered routinely in the operating room and other patient care areas. The circumstances under which physicians and nurses may encounter air embolism are no longer limited to neurosurgical procedures conducted in the “sitting position” and occur in such diverse areas as the interventional radiology suite or laparoscopic surgical center. Advances in monitoring devices coupled with understanding the pathophysiology of vascular air embolism will enable the physician to manage these potentially challenging clinical scenarios successfully. Clinicians must be aware of this silent but dangerous complication that can occur during many seemingly routine operative procedures and interventions. Dr. Mirski’s article, Diagnosis and Treatment of Vascular Air embolism, appeared in the Journal of the American Society of Anesthesiologists in January 2007 – fifteen years before Ms. Marryman’s ERCP procedure. It is impossible to fathom why the anesthesiologist at Bethany Moss, who was responsible for monitoring Ms. Marryman during this procedure, was not aware of this dangerous complication and failed to take any action to evaluate, diagnose, and treat the air embolism that killed her. Other physicians when faced with this similar complication can promptly identify the air embolism and take the necessary action to evacuate the air embolism and prevent the patient’s death. See this article by H.M. Goins enclosed. There is no viable reason or excuse why the physicians who were responsible for Ms. Marryman’s care could not have implemented the same procedures and evacuated the air embolism in Mr. Marryman’s heart and prevented her death. Bethany Moss Medical Center has certainly performed its own peer review of this tragic death and determined the potential exposure if this matter goes to trial. I am reaching out to you pre-litigation to resolve this claim and avoid litigation. Enclosed please find a disc containing Ms. Marryman’s medical records from Bethany Moss and the autopsy report. Would you kindly contact me after you have reviewed the records to discuss settlement of this claim? Sincerely, Ronald V. Miller, Jr. Enclosures

9 Elements of a Medical Malpractice Settlement Demand Letter

A medical malpractice demand letter should have some or all of these elements.  We say “some or all” because not all of these are necessary or appropriate in every demand letter. So, this is more of a “things to consider” list than a checklist.

• Patient Information : Clearly state the patient’s name, the date of birth, and any relevant medical record numbers.
• Incident Description : Detail the specific incidents of alleged malpractice. Include dates, times, names of involved medical personnel, and the incident’s location.
• Medical Treatment Summary : Describe the medical treatment received before, during, and after the incident, including diagnoses, procedures, medications, and any consultations with other healthcare professionals.
• Allegation of Negligence : Clearly state your allegations against the healthcare provider or institution. This should include how the care provided deviated from the accepted standard of care in the medical community.
• Injury and Impact Description : Describe the alleged malpractice’s physical, emotional, and financial impact on the patient’s life. Include any long-term disabilities, loss of income, emotional distress, and the need for ongoing medical treatment.
• Medical Records and Documentation : Reference any attached medical records, bills, and other documentation that support your claim.
• Demand for Compensation : Specify the amount of compensation sought if you think it is warranted.  This can include medical expenses (past and future), lost wages, pain and suffering, and other damages. Do we do this in most cases?  Not unless we have a reason to do so. Most of our medical malpractice demand letters are more of an invitation to make an offer. You rarely want to bid against yourself in an initial demand.  We did that once and regretted it.
• Settlement and Negotiation : Express your willingness to settle the claim out of court but indicate your readiness to pursue legal action if a satisfactory settlement is not reached.
• Deadline for Response : Give a specific date you expect a response. This creates a sense of urgency and a timeline for negotiations.

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How to Write a Medical Malpractice Demand Letter

Home / Blog / How to Write a Medical Malpractice Demand Letter

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When you’ve sustained injuries due to the negligence or recklessness of a physician, you have a claim for medical malpractice and might be entitled to compensation for your losses. While many legal dramas on TV might show the theatrics of the courtroom, the truth is that many medical malpractice cases are settled before filing a lawsuit even becomes necessary. In order to initiate the conversation about settling a case, a demand letter for medical malpractice is the first step.

Your medical malpractice demand letter is where you lay out all of the details of your injuries and assert the reasons that you should recover monetary damages. The purpose of the document is to summarize the encounter with the physician, describe your injuries, and explain how they’ve impacted your life. You’ll also need to state the amount you’re seeking as compensation to make you whole. Keep in mind that you’re likely to be dealing with the insurer that represents the physician, and not the healthcare professional. These insurance companies are in business to make a profit, so they’re not looking out for your best interests. This is why you should consider hiring an experienced attorney to represent you in settlement negotiations.

In addition, you should understand that a medical malpractice demand letter isn’t like the correspondence you usually write to friends, family or in a business capacity. An effective demand letter is clear and purposeful in its intent, and follows a basic formula.

Keep in mind some general considerations.

Before you get started writing, you should appreciate the qualities that separate a good demand letter from a bad one. A good one is well written and clearly states its purpose. It will summarize all of the evidence to supports your claim, from the injuries you suffered to your losses. The letter also needs to tie in causation; in other words, you need to establish that it was the conduct of the healthcare professional that was the direct cause of your injuries. It shouldn’t be threatening in tone, but rather firm in stating your intentions.

A poorly written demand letter is short and leaves out the facts that show why you’re entitled to compensation. It might also omit details about the monetary amount you’re seeking or be unclear on other details.

Start off with a proper heading.

At the outset, you want to identify yourself and provide some basic information. If you’ve been injured as a result of medical malpractice, you’ll need a way for an insurance company or opposing party to link you to your claim. In the heading you want to include your name, date of birth, the date of the incident and the name of the party responsible for your losses.

Summarize all of the relevant facts.

The next step in writing a demand letter for medical malpractice is to lay out the details about the incident that led to your injuries. It’s important to be clear and concise on your points, listing any and all of the facts surrounding your encounter with the healthcare professionals responsible for your injuries. Include basic information, such as the dates, times of day and other details that lay out your case. Also, identify by name all of the personnel who visited with you or provided treatment of any kind. As best you can, try to state your summary of the factual details chronologically to make it easy for the reader to understand. Finish your statement by drawing the conclusion that the acts or omissions by the named healthcare professionals are the reason that you suffered injuries.

Go into detail about your injuries.

It’s essential that you list all of the injuries you suffered as a result of negligence, recklessness or other wrongdoing in your medical malpractice demand letter. Start off by describing the most severe or painful injuries that you sustained, and then move on to those that are more minor. However, if it makes more sense to list your injuries chronologically, describe them in the order that you experienced them. At this point, you don’t need to cover the treatments and procedures that were required as part of your care. You should also identify any injuries you suffered that are long term or chronic in nature.

Explain your treatments and ongoing care.

As a result of your injuries due to medical malpractice, you have likely been treated by a number of physicians, specialists and healthcare providers. Of course, the medical records related to your care could be available if necessary, but you don’t need to supply these as part of your demand letter: The insurer or opposing party just needs to understand what you’re going through as far as treatment and ongoing care.

It’s critical that you’re absolutely honest about the procedures you undergo throughout the healing process. Because the insurance company may be granted access to the medical records related to your care, you don’t want to be caught making false statements. Doing to can affect your credibility and work against you in any settlement negotiations, so it’s best to state treatment generally or eliminate certain material if you’re unsure.

Mention the intangible damages that impact your life.

Once you mention the physical injuries you’ve suffered and identified your course of treatment in your demand letter for medical malpractice, you need to discuss the intangible losses. These are damages that you can’t put a number on by providing a receipt or formula for figuring out; rather, you need to put into words the ways your injuries have affected you on a personal level.

Pain, suffering and emotional distress are typical intangible losses that you should mention in your medical malpractice demand letter. These must be directly related to the negligence or recklessness that was demonstrated by your healthcare provider during the subject patient encounter.

It’s important to state the impact on your life, even the most minute details. More significant intangible damages might be an inability to return to work, which resulted in lost wages. These losses can be formidable, especially if you’re out of work for several months. Even missing out on a family vacation or being unable to drive should be mentioned here. If medication was prescribed as a result of a medical malpractice incident and it affects your daily routine, state it here. You might even have strained relationships with family members or friends, and these should be listed as well.

As you’re listing your intangible damages, make sure to relate that these are undesired effects of medical malpractice that have resulted in pain and suffering beyond the physical nature of your injuries.

Include any other evidence discovered during your investigation.

Chances are you’ve uncovered other information that can support your case since the medical malpractice incident. If you’ve spoken to witnesses and they’re willing to testify or be available for deposition, identify them by name. You should also give a summary of what events or circumstances this potential witness experienced, so that the insurance company or opposing party has an idea of what they have to say. There may be other documents, aside from medical records, that you might also list in your demand letter for medical malpractice. Give a general synopsis and explain how these impact your case.

List your damages and dollar amounts.

Here, you want to itemize each of your injuries, tangible losses and intangible damages with a short description. Insert a table if the list is long, as you want to emphasize how substantially the medical malpractice incident has impacted your life. At minimum, you should include the following:

• Medical bills and costs of treatment;
• Any out-of-pocket costs you’ve expended as a direct result of your injuries;
• The amount of lost wages if you’ve been unable to work; and,
• Pain and suffering you’ve experienced.

Depending on the circumstances of your case, other details you might consider adding are the strained relationships with loved ones forced to care for you and the amount you need to expend to for transportation.

Describe how medical malpractice was the cause of your damages.

After stating the details regarding your injuries and other losses, you still need to connect the dots to demonstrate that the cause was due to negligence of the physician. You must correlate the facts to the actions of the healthcare professional, clearly and concisely delineating how your injuries were a result of his or her wrongdoing. It might help to engage in an exercise before you actually write your demand letter for medical malpractice. Refer to your list of damages and dollar amounts, and then jot down the specific conduct that caused each of them.

Close with an attention-grabbing demand.

Finish off your medical malpractice demand letter by stating how and why you’re entitled to compensation for your losses. Summarize all of the facts and other evidentiary details that prove your injuries, outline your course of treatment and establish a claim for other damages. You’ll need to tie in the physician’s conduct that rises to the level of malpractice and assert that it was his or her negligence that caused your injuries.

Depending on the circumstances of your case, there may be additional matters you need to address in your demand letter for medical malpractice. Due to the complexity of these cases, it’s smart to retain an attorney to represent your interests in dealing with an insurance company or the responsible party. If this demand letter doesn’t result in a fair and reasonable settlement for your losses, it might be necessary to file a lawsuit in court. A knowledgeable lawyer with experience in medical malpractice cases can get you the compensation you deserve.

Related Links

• Can You File A Medical Malpractice Lawsuit For Amputation?
• Is Botched Liposuction Considered Malpractice in New Jersey?
• Medical Malpractice in Specialized Fields: Cardiology, Surgery, and More
• The True Cost of Medical Malpractice: A Comprehensive Guide to Legal Actions in New Jersey

Sharon Smith

Mike Berger and staff were professional, pleasant, strategic and knowledgeable. The office always kept me informed about my case and moved the case along quicker than I expected. I would highly recommend them to anyone !!

Thank you from the bottom of my heart. Reliable, honest, driven, knowledgeable, compassionate, and highly respected among colleagues and medical professionals [...] fought for me during times when I wasn’t strong enough to fight for myself. The Andres, Berger & Tran law firm understands Complex Regional Pain Syndrome (CRPS) [...] thank you for your support and guidance over the years.

Mike Berger of Andres, Berger & Tran handled my case over a six year period. He and the team examined every detail to get the best outcome. They were honest, candid and communicative throughout the whole process. It was a long ordeal but could not have been handled more professionally. I highly recommend.

I just want to say thank you for what you have done for me and my family throughout the years. You made us feel like family, not just clients. You were always very detailed when it came to our cases and tried everything in your power to get us all the help we needed.

Our family appreciated your unfailing attention to detail. There were last minute snags, we seldom worried that something would fall through the cracks, but you anticipated every contingency. Your firm demonstrated a veracity for the truth, a strong work ethic and overall impeccable character in dealing with our case.

Results may vary depending on your particular facts and legal circumstances.

case results

$10 million

Settlement /

Gas Explosion

$9.5 million

Baby Brain Injury

$9.25 million

Anesthesia Malpractice

$7.8 million

$7.4 million

Complex Regional Pain Syndrome

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