If your child was born with a birth defect and you believe that it is due to medical malpractice, your attorney should write and submit a demand letter to an insurance company. A demand letter is important because all negotiations surrounding your claim will center on the information included in the letter.
When a birth defect or birth injury occurs, a doctor will often quickly retain a lawyer or consult their insurance company. Writing a demand letter that includes thorough details about the birth defect and what the doctor did to cause it, as well as statements from yourself, medical experts, and any witnesses, will help your claim.
Sample Demand Letter in a Birth Defect Claim
The letter below details what information your attorney should include in a demand letter using a birth defect example.
[Your Name]
[Your Address]
[Your City, State, and Zip Code]
[The Date]
[Name of the Claims Adjuster]
[Their Job Title]
[Address of the Insurance Company]
[City, State, and Zip Code of the Insurance Company]
Re: Your Insured, [Name of the Defendent]
Claimant: [Your Full Legal Name]
Claim Number: (Only include this number if a claim number has already been assigned to you, and you have already been contacted about the matter.)
Date of Loss: [Date of Accident or Incident in which the Birth Defect or Injury Took Place]
Dear Mr./Mrs. [Name of Claims Adjuster],
As a follow up to our conversation on January 4, 2014, please accept this letter as a formal demand for settlement in the matter mentioned above.
Mrs. Janice Thompson was a patient of your insured client, Jonathan Larkin, M.D. On November 20, 2013, Mrs. Thompson gave birth to a baby boy at Grand Mountain Hospital [insert address]. Soon after birth, the child exhibited breathing problems and looked to be deprived of oxygen. The baby was put on a breathing machine, and scans soon revealed that one of the child’s lungs was severely deformed. Since then, the child has required six separate lung surgeries to make it so that he could breathe on his own, and may require a lung transplant in the future.
While looking through her medical records, Mrs. Thompson saw that Dr. Larkin had prescribed her with a medication [name the medication] for her severe morning sickness during her first trimester of the pregnancy. Upon researching the medication, the mother found that it had been known to cause birth defects in children, and that there was already a class action lawsuit against the manufacturer of the medication that began before Mrs. Thompson’s pregnancy. Dr. Larkin had been negligent to the side effects and consequences of the medication in question.
Mrs. Thompson’s son was hospitalized since his birth date on November 20 until about five months later, on April 25, 2014. During this time, he received four surgeries to improve the function of his deformed lungs and respiratory system. He was also put on three respiratory medications [name medications].
As a single mother, Mrs. Thompson had to take a five-month leave from her job as a customer service representative to stay with the boy in the hospital. Her baby is now able to breathe on his own and is doing well.
The expenses for Mrs. Thompson’s son are documented as follows:
Grand Mountain Hospital: $43,655.00
Lung Surgery, November 21, 2013: $20,000.00
Respiratory Function Correction Surgery, November 28, 2013: $15,699.00
Lung Surgery, January 12, 2014: $12,300.00
Final Lung Surgery, March 9, 2014: $8,906.00
Prescription Medications: $900.00
TOTAL $101,460.00
Over the course of five months of family leave at her job, Mrs. Thompson additionally lost [insert dollar figure] in wages, as documented from a letter from Human Resources at Nexium Mobile, LLC, Mrs. Thompson’s place of employment.
Due to the negligence of your insured, Jonathan Larkin, M.D., Mrs. Thompson’s son suffered extreme pain and suffering from ongoing complications due to his birth defect. Mrs. Thompson herself suffered from the extreme emotional distress caused by the ongoing medical issue affecting her son. As a result, we demand compensation for this birth defect and all of the related costs and damages in the amount of $500,000.00.
We appreciate a timely response in 30 days or less from the date of this letter. Thank you for responding in a time-sensitive manner.
Sincerely,
[The Signature of Your Attorney]
[Your Attorney’s Name – printed]
The total amount in damages should be more than the actual total expenses related to the medical costs. This way, there is more room to negotiate with the insurance company to make sure that you receive a reasonable settlement.
Getting Help with a Birth Defect Claim
A thorough demand letter is an important aspect of the claim process. Claims such as these are difficult to negotiate, and your medical malpractice attorney can help you file a lawsuit and receive the damages you deserve.
