Each state has its own laws about the types of cases that require these notices. Suite 204 Michigan's notice of intent rule allows healthcare providers to review a plaintiff's medical malpractice claim and try to find all available defenses before it can be even filed in court. If you feel you have experienced medical negligence or substandard medical treatment and suffered as a consequence, contact our law firm for a no-obligation consultation to discuss the merits of your case. (Cal. Code of Civil Procedure section 340.5. Page 1 of 1 LETTER OF INTENT TO SUE _____ _____ _____ Effective Date: _____ RE: Notice of Intent to File Lawsuit In California, this notice of intent to sue does not extend the legal time period to file the lawsuit. How to Sue for Medical Malpractice and Win - DoNotPay It was passed in response to what was perceived to be insurers and attorneys surprising doctors with suits, which was alleged to lead to inequities in time to prepare a defense. The requirements demanding special attention include the statute of limitations, providing notice to the health care provider that a person intends to sue, the cap on non-economic damages, limits on attorneys fees, and shared liability. One of those steps is the Notice of Intent that must be filed. Sample California Dental Malpractice Complaint For Medical Disclaimer : The information provided is general and not for legal advice. Northeast Community Clinic A potential medical malpractice plaintiff must notify health care providers of his or her intent to sue at least 90 days before filing a complaint. A construction worker redeemed his workers compensation case for $125,000 in Detroit, Michigan. Code Civ. For example, Sec. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. You must file the Notice of Intent to File Lawsuit before the statute of limitation tolls, and filing the notice does not grant you more time. Florida Medical Malpractice and the Statute of Limitations When you get the records, you should obtain from your qualified expert an affidavit stating the medical provider deviated from the standard of care, and send a new Notice of Intent to Initiate Litigation. Bus. Draw your signature, type it, upload its image, or use your mobile device as a signature pad. This law firm website is managed by Everest Legal Marketing. EMC from U.C. (c)The notice may be served in the manner prescribed in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.