MEDICAL MALPRACTICE DEMAND LETTER

PRIVILEGED AND CONFIDENTIAL

SETTLEMENT COMMUNICATION - RULE 408 / FRE 408

[DATE]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR U.S. MAIL

[Healthcare Provider Name]
[Address]
[City, State ZIP]

[Insurance Company Name]
Attn: Claims Department
[Address]
[City, State ZIP]

[Defense Counsel (if known)]
[Address]
[City, State ZIP]

RE: Medical Malpractice Claim
Claimant: [________________________________]
Date(s) of Treatment: [________________________________]
Facility: [________________________________]
Our File No.: [________________________________]
Your Insured: [________________________________]
Claim/Policy No.: [________________________________]

Dear [Insurance Adjuster/Risk Manager/Defense Counsel]:

This firm represents [________________________________] ("our client" or "Claimant") in connection with injuries sustained as a result of medical negligence that occurred on or about [__/__/____] at [________________________________].

We write to present a formal demand for settlement of this claim. This letter is submitted as a settlement communication pursuant to Federal Rule of Evidence 408 and its state counterparts and is inadmissible for any purpose other than settlement discussions.

I. INTRODUCTION AND PURPOSE

This demand letter sets forth the factual basis, legal theories, damages, and settlement demand for resolution of our client's medical malpractice claim against your insured. We believe the evidence clearly establishes liability and substantial damages, and we are prepared to proceed to litigation if this matter cannot be resolved through good faith negotiations.

II. STATEMENT OF FACTS

A. Patient Background

Our client, [________________________________], is a [____]-year-old [male/female] who, prior to the negligent medical care at issue, was [describe pre-incident health status]:

[________________________________]
[________________________________]

B. Medical Treatment and Negligence

On or about [__/__/____], our client [presented to/was admitted to/was treated by] your insured for [________________________________].

Chronology of Events:

[Date]: [________________________________]
[________________________________]

[Date]: [________________________________]
[________________________________]

[Date]: [________________________________]
[________________________________]

[Date]: [________________________________]
[________________________________]

C. The Negligent Care

Your insured breached the applicable standard of care in the following respects:

1. [First Breach]: [________________________________]
   [________________________________]
   [________________________________]

2. [Second Breach]: [________________________________]
   [________________________________]
   [________________________________]

3. [Third Breach]: [________________________________]
   [________________________________]
   [________________________________]

D. Resulting Injuries

As a direct and proximate result of the above negligence, our client suffered the following injuries:

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

E. Current Status

Our client's current condition is as follows:
[________________________________]
[________________________________]

Our client has [☐ fully recovered ☐ partially recovered ☐ not recovered] and [☐ has reached maximum medical improvement ☐ continues to require treatment].

III. APPLICABLE STANDARD OF CARE

The applicable standard of care for a [specialty] treating a patient with [condition] under these circumstances required:

1. [________________________________]

2. [________________________________]

3. [________________________________]

Your insured failed to meet this standard by:

[________________________________]
[________________________________]

IV. EXPERT SUPPORT

This claim is supported by the opinion of qualified medical expert(s). Our expert(s) have reviewed all relevant medical records and concluded that:

1. Your insured breached the applicable standard of care;

2. The breach was a direct and proximate cause of our client's injuries;

3. Our client sustained the damages described herein.

☐ A Certificate of Merit/Affidavit of Merit has been obtained.

☐ Our expert(s) are prepared to testify at trial, if necessary.

V. DAMAGES

A. Economic Damages

Past Medical Expenses:

Total Past Medical Expenses: $[________________________________]

Future Medical Expenses:

Based on [medical opinion/life care plan], our client will require the following future care:

Total Future Medical Expenses (present value): $[________________________________]

Lost Wages:

☐ Past lost wages: $[________________________________]
Period: [__/__/____] to [__/__/____]
Calculation: [________________________________]

☐ Future lost earning capacity: $[________________________________]
Basis: [________________________________]

Other Economic Damages:

☐ [________________________________]: $[________________________________]
☐ [________________________________]: $[________________________________]

TOTAL ECONOMIC DAMAGES: $[________________________________]

B. Non-Economic Damages

Our client has suffered and continues to suffer significant non-economic damages, including:

Physical Pain and Suffering:
[________________________________]
[________________________________]

Mental Anguish and Emotional Distress:
[________________________________]
[________________________________]

Loss of Enjoyment of Life:
[________________________________]
[________________________________]

Physical Impairment:
[________________________________]
[________________________________]

Disfigurement (if applicable):
[________________________________]

Loss of Consortium (if applicable):
Our client's [spouse/partner], [________________________________], has suffered loss of consortium including:
[________________________________]

C. Summary of Damages

VI. LIABILITY ANALYSIS

A. Strengths of Claimant's Case

1. [________________________________]

2. [________________________________]

3. [________________________________]

B. Jury Appeal Factors

1. [________________________________]

2. [________________________________]

C. Comparable Verdicts

Similar cases in this jurisdiction have resulted in the following verdicts/settlements:

VII. SETTLEMENT DEMAND

Based on the foregoing, and after careful analysis of the liability, damages, and value of this case, we hereby demand the sum of:

$[________________________________]

in full and final settlement of all claims arising from this matter.

This demand is conditioned on receipt of payment within [____] days of the date of this letter.

VIII. DEMAND CONDITIONS

This demand is contingent upon the following:

1. Time Limit: This demand will remain open for [____] days from the date of this letter, after which it will be withdrawn without further notice.

2. Policy Limits: If the demanded amount exceeds your insured's policy limits, please advise us immediately in writing of the applicable policy limits. A policy limits demand may be appropriate.

3. Full Release: Upon payment, our client will execute a full and final release of all claims against your insured arising from this incident.

4. Confidentiality: The terms of settlement will remain confidential [unless otherwise required by law].

5. No Admission: Settlement will not constitute an admission of liability by any party.

IX. DOCUMENTATION ENCLOSED

The following documentation is enclosed in support of this demand:

☐ Medical records from [________________________________]
☐ Medical bills and itemization
☐ Wage loss documentation
☐ Photographs
☐ Expert report(s)
☐ Life care plan (if applicable)
☐ Other: [________________________________]

Additional records are available upon request.

X. REQUEST FOR RESPONSE

Please respond to this demand within [____] days of receipt. We are available to discuss this matter at your convenience and would welcome the opportunity to resolve this claim without litigation.

If we do not receive a response within the time specified, we will proceed with filing a lawsuit without further notice.

XI. LITIGATION NOTICE

Should litigation become necessary, please be advised that:

1. We will seek all available damages, including compensatory, general, special, and where applicable, punitive damages.

2. We will seek costs and, where permitted, attorney's fees.

3. We reserve the right to amend this demand based on discovery or changed circumstances.

4. This demand is made without prejudice to our client's right to seek additional damages.

XII. PRESERVATION OF EVIDENCE

You are hereby notified to preserve all documents, records, and tangible items related to our client's care and treatment, including but not limited to:

☐ All medical records and charts
☐ All policies and procedures
☐ Incident reports
☐ Quality assurance materials
☐ Correspondence
☐ Electronic records and communications

Destruction of any such evidence may result in sanctions.

XIII. COMMUNICATION

All future communications regarding this matter should be directed to our office:

[Attorney Name]
[Law Firm Name]
[Address]
[City, State ZIP]
Telephone: [________________________________]
Fax: [________________________________]
Email: [________________________________]

Please do not contact our client directly.

We look forward to your prompt response and to resolving this matter through good faith negotiation.

Respectfully submitted,

______________________________________
[Attorney Name]
[State Bar No.]
[Law Firm Name]

ENCLOSURES:

☐ Medical records and bills
☐ Wage loss documentation
☐ Photographs (if applicable)
☐ Expert report/affidavit
☐ Life care plan (if applicable)
☐ Comparison verdicts/settlements
☐ Other: [________________________________]

DEMAND LETTER STRATEGY NOTES

Timing Considerations

• Send after obtaining all necessary records and expert opinions
• Allow adequate time before statute of limitations expires
• Consider pre-suit notice requirements in your state

Demand Amount Strategy

• Typically demand higher than expected settlement
• Consider policy limits
• Leave room for negotiation
• Support with comparable verdicts/settlements

Response Expectations

• Most insurers will counter, not accept initial demand
• Prepare for negotiation process
• Be prepared to litigate if necessary

STATE-SPECIFIC CONSIDERATIONS

California: 90-day notice of intent required (Cal. Code Civ. Proc. § 364). Demand letter may serve as notice.

Florida: Pre-suit notice and investigation required. Demand letter should comply with Fla. Stat. § 766.106.

Michigan: 182-day notice of intent required before suit. Demand should reference MCL § 600.2912b.

Texas: Consider expert report deadline of 120 days after filing if no settlement reached.

This template is provided for general informational purposes only. Settlement demands in medical malpractice cases require careful strategic consideration. Always consult with an attorney licensed in your state before sending any demand letter.