In the previous part of this article, we have discussed the requirement for a Notice of Intent and the first three things that it should include. In this part, let us continue in our discussion on what your Notice of Intent should include.
Let us continue.
How the treatment and care by the medical practice or professional should have been administered
After discussing the standard of care that should have been followed by the medical practitioner, the Notice of Intent should also include the specific way in which the treatment and care by the medical professional should have been administered.
This is a specific part of the notice that should never be left out of. What are the things that the medical practitioner should have done in the specific case? This question is answered in this part of the Notice of Intent.
How the medical practice’s or professional’s actions or failure to take action caused the plaintiff’s injury
When you file your Notice of Intent, you must note the failure of the medical practitioner to take action which caused the injury in the first place.
In the same previous example that we have provided where the surgeon left a piece of towel on your body during an appendectomy, it is clear that the medical practitioners of failure to check whether or not he left tools on your body is one of the ultimate causes of your injury.
How there is a failure on the part of the medical practitioner to check out whether or not there is indeed a tool left on your body is a big problem on his part. If he was thorough enough to deal with his anatomy books, he would know that some things should not have been in the body of the patient before he closed you after the surgery.
The names of each doctor, physician, hospital, or another healthcare provider the plaintiff plans to sue.
The Notice of Intent is meant to inform the parties that a lawsuit is coming and it is coming against them. When you file a lawsuit it should include the names of the parties that you are planning on doing and as well as the hospital or any other healthcare provider who you think is responsible for the damage or injury cost to you and your personality.
Every person that you plan to sue will be served with the Notice of Intent.
Now that you know all of the required contents that your Notice of Intent should have, the next question would be whether or not the 182 day notice period can be shortened to just 91 days so that your case can already push through.
We have already said that yes, the 182 day notice period can be shortened but subject to specific requirements.
What are the specific requirements so that the 182 day notice period be shortened?
The following are the specific requirements that you must comply with for the 182 day notice period to be shortened:
The plaintiff has already given notice to other potential defendants involved in the claim
If there are different plaintiffs in the case, the plaintiff must have already given notice to the other potential defendants involved in the claim for the 182 days to be shortened.
The 182-day notice period has already expired as it applies to those other defendants
The 182 days must have already expired in application to the other defendants. This situation happens when you have already filed a Notice of Intent against other people and realize that you may not have missed out on filing against another one which you would, later on, add to the list.
The plaintiff has already filed a medical malpractice lawsuit against at least one of those other defendants
The plaintiff must have already filed another lawsuit against other defendants named in the lawsuit for the consideration of the shortening of the 182-day notice.
Before filing the lawsuit, the plaintiff could not have reasonably identified the other potential defendants that should receive the notice of intent.
That the plaintiff could not have reasonably identified the other potential defendants that should have received the Notice of Intent at the first instance that he filed the Notice of Intent. This is important in terms of the consideration of the shortening of the period.
Let Haque Legal Help You With Medical Malpractice Claims
Now that you know some facts about dealing with medical malpractice, it is time to get down to it. If you require a lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
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The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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