[CA] What do I need to include in a letter of intent to sue for medical malpractice?
I need guidance with my letter of intent to sue for medical malpractice and misdiagnosis. Can you help me draw up a sample?
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Sure! Here’s a sample you can use. Consider sending the letter via certified mail and email for confirmation, even if you hand-deliver it (CCP § 364). Let me know if anything changes or if more questions come up. I'm here to help.
Sample Letter of Intent to Sue:
I am writing to formally notify you of my intent to initiate legal proceedings against you for medical malpractice and misdiagnosis pursuant to applicable state law. This letter is being submitted in accordance with any pre-litigation notice requirements that may apply.
On or about [insert date, e.g., January 2013], you diagnosed me with bipolar disorder and prescribed a drug. However, you are a physician/surgeon, not a psychiatrist. I believe this diagnosis was outside the scope of your specialty, and it led to the inappropriate prescription of medication.
Over the years, I experienced serious side effects from the prescribed drug, which ultimately contributed to long-term health consequences. Most significantly, I was diagnosed with congestive heart failure on April 24, 2024. I believe that this condition may be related to or worsened by prolonged, improper medication use resulting from the misdiagnosis.
I intend to file a claim seeking damages related to pain and suffering, loss of enjoyment of life, medical expenses, and any other applicable damages arising from your negligent actions.
Please direct any legal correspondence to me at the above address or to my legal representative, should I retain one. I am open to resolving this matter prior to filing a formal complaint, but I will proceed with filing suit if necessary.
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I need guidance with my letter of intent to sue for medical malpractice and misdiagnosis. Can you help me draw up a sample?
Lexi, Chatbot
I'm sorry to hear about your situation. Have you already sent the letter?
No. My statute of limitations expires April 24, 2025. I was diagnosed with congestive heart failure on April 24, 2024.
Lexi, Chatbot
Thanks for that. Can you provide more details about the malpractice and misdiagnosis?
Back in 2013, a physician-surgeon diagnosed me with bipolar disorder. I believe only a psychiatrist should make that diagnosis. He prescribed a drug that eroded my health.
Lexi, Chatbot
Is there anything else the lawyer should know?
That’s it. I just want to make sure my letter of intent is done right in case the doctor doesn’t settle within 90 days.
Elizabeth
Hi there! I’m Liz, an attorney. I’m so sorry to hear about your diagnosis. What concerns do you have with your letter?
I want to make sure it’s complete and correct.
Elizabeth
Got it. Where are you located? And can you tell me a bit more about what happened?
I live in Roseville, California. I have my complete medical records. I plan to hand-deliver the letter tomorrow to meet the deadline.
Elizabeth
That’s good to know. Would you like me to review what you’ve written? Are you able to copy and paste it?
I wrote it, but I think I lost it. Just send me a sample letter of intent to sue.
Elizabeth
Sure! Here’s a sample you can use. Consider sending the letter via certified mail and email for confirmation, even if you hand-deliver it (CCP § 364). Let me know if anything changes or if more questions come up. I'm here to help.
Sample Letter of Intent to Sue:
I am writing to formally notify you of my intent to initiate legal proceedings against you for medical malpractice and misdiagnosis pursuant to applicable state law. This letter is being submitted in accordance with any pre-litigation notice requirements that may apply.
On or about [insert date, e.g., January 2013], you diagnosed me with bipolar disorder and prescribed a drug. However, you are a physician/surgeon, not a psychiatrist. I believe this diagnosis was outside the scope of your specialty, and it led to the inappropriate prescription of medication.
Over the years, I experienced serious side effects from the prescribed drug, which ultimately contributed to long-term health consequences. Most significantly, I was diagnosed with congestive heart failure on April 24, 2024. I believe that this condition may be related to or worsened by prolonged, improper medication use resulting from the misdiagnosis.
I intend to file a claim seeking damages related to pain and suffering, loss of enjoyment of life, medical expenses, and any other applicable damages arising from your negligent actions.
Please direct any legal correspondence to me at the above address or to my legal representative, should I retain one. I am open to resolving this matter prior to filing a formal complaint, but I will proceed with filing suit if necessary.
Elizabeth
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