Friday, October 10, 2014
Notice in Medical Malpractice Cases
Mississippi Code Annotated 15-1-36 provides that prior to filing a claim for medical malpractice, a sixty (60) day notice letter must be sent to the provider. I am always looking at what other people do on cases to develop new ideas and litigation strategies. Recently, I got two (2) new ideas from a prominent attorney that assist in foreclosing challenges to the adequacy of the notice letter. In the letters I do now, I make a specific reference that I believe this letter complies will all notice requirements and that the provider notify me if they believe it is inadequate in any way. Along with that I add a statement that I presume the letter is adequate unless they notify me otherwise. This results in a waiver to most any argument they could have on it. The second thing I have started doing is adding a provision that states for the provider to notify any other group they are affiliated with which could be construed as their employer, agent, etc. I almost always have some Doe Defendants named to give some wiggle room if the doctor fails to notify someone we could not identify. I believe adding the second provision advising the provider to notify anyone additional they are affiliated with can be construed as notice to that provider as their agent.