Okay should I send the doctor at a medical clinic the demand for compensation letter or send the whole Clinic the letter?

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I am going to send this demand for compensation letter regarding my case. I am seeking $152,595.00 in compensation. That is one hundred fifty two thousand five hundred and ninety five dollars. I find fault with the damn doctor who treated the minor patient with lack of informed consent. I would like to I front her off and get her in the hot seat and send the letter to THE MEDICAL CLINIC SHE works for, but maybe I shoud just send it to her. In your guy's opinion who should get the letter. The actual doctor or the clinic. I want to get this letter off.

Attorney Answers

8
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Best bet is to get a local malpractice lawyer to investigate your claim, as handling it yourself would likely sabotage it, and let the doctors get away with the alleged malfeasance.
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David Fiol ·
This is not an answer to the question you asked, because the fact is you are wasting your time (and the cost of a stamp) by sending a claim letter to anyone at that clinic. It's hard enough for a lawyer to purse a medical malpractice claim in this state - you don't stand a chance. Perhaps you've tried to get a lawyer to represent you and no one was willing to take on the case - if that is the situation then you need to face reality and move on to something else. If you have not spoken to medical malpractice lawyers, I suggest you do so.
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Philip Fabiano ·
Neither. A letter to either will accomplish nothing. You cannot expect even if the negligence was clear--for example a surgery on the "wrong" leg or leaving a sponge inside someone--that a demand letter will result in any meaningful response. If you have a viable claim you need to file a lawsuit. Medical negligence claims are not claims you can handle on your own. You need an attorney. Look even with an attorney you can expect a vigorous defense even in a clear case. The example of a clear case I described--leaving a sponge in someone. That is the very definition of malpractice. We handled a case like that where the doctor/hospital hired an expert to say there was no negligence since the medical record says there were seven sponges used and seven were counted at the end of the surgery. How did that sponge get in there?? No other surgeries. Obviously they counted wrong. The case did not settle until a jury was picked. Shameful!! Again you would be wasting your time sending such a letter. You need a lawyer interested in investigating the claim. THat lawyer will gather the relevant records and have them reviewed by a medical expert in the same area of medicine. The expert will be asked to determine if 1. the care and treatment received fell below the applicable standard of care and 2. caused an injury. There is no claim unless and until such an opinion is secured.
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Robert Kopelson ·
if it makes you feel better, mail the letter to yourself. It isn't going to help your claim, and is much more likely to hurt it. if you haven't consulted with med mal attys yet, try to do so first. There are complex time reqts in the law, so you should talk to a med mal atty asap. If the doctor doesn't know you are planning on a civil action, you may want to get a copy of your entire chart before they suspect. Things have been known to disappear or be changed after they suspect a legal action is coming.
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Richard Todd RosensteinPersonal Injury LawyerGlendale, CA ·
The demand letter that you want to send will do you little good. If the letter is sent, the letter would probably just be turned over to the medical malpractice carrier for notice purposes. There are various notice requirements and statutes of limitation that may be applicable to your claims. You should focus on following the proper procedures if you want to file the lawsuit against the medical professionals. You should contact a local malpractice lawyer for consolation and advice.
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David Schoen ·
Either way you will not get any meaningful response. Consult with a CA medical malpractice attorney to determine if you really have a viable claim.
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Christopher Gansen ·
Your question admits defeat. The only way you should send that letter is if it's to preserve the claim. Otherwise, as others have said, light your postage and money on fire. It has about as much teeth as a turd swinging in the wind. If you have to send it to preserve your claim do--and meanwhile, GET A LAWYER. All the best.
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Robert Andrew Michael BurnsFamily Law AttorneySan Diego, CA ·
You will be viewed as a crank in seeking that kind of money without the competency of even properly drafting your communications let alone performing the difficult tasks to convey any sense of alarm or payout. The clinic is liable for its employees and thus you should view them both as targets.
0 upvotes