Sample Demand Letter – Medical Malpractice During Surgery

If you were injured because of a surgery that went wrong, and you think it is due to medical malpractice, your attorney should write a demand letter to send to the insurance company of the responsible party. A demand letter is important, as the negotiations surrounding your claim will center on the information included in this correspondence.

When a surgery doesn’t go as planned, a surgeon will often quickly retain a lawyer or consult their insurance company. For a successful claim, your demand letter should include the details about the malpractice and what the surgeon did wrong, as well as statements from yourself, medical professionals, and witnesses.

Do You Need a Sample Demand Letter For Medical Malpractice?

If you or someone you love has been injured due to a hospital’s negligence, you may be eligible for a personal injury claim against the hospital’s insurance company. It is very challenging to win a personal injury claim against a hospital, so the first step in your claim process will be writing a demand letter for a personal injury claim.

Demand letters for medical malpractice claims are so important because you’ll have a higher chance of your claim settling before you have to have the stress of going to court if you follow a strict and specific demand letter format. A personal injury lawyer in your state will be well versed in writing demand letters and will have dozens of sample demand letters for medical malpractice suite on hand. Here is a sample demand letter for your medical malpractice lawsuit:

Sample Demand Letter

The sample demand letter below includes all of the details and information your attorney should include in a demand letter for your medical malpractice case.


[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 Surgery]

For Settlement Purposes Only

Dear Mr./Mrs. [Name of Claims Adjuster],

In response to our conversation on January 18, 2016, please accept this letter as a formal demand for compensation in regards to the matter mentioned above.


Mr. Joseph Martin was a patient of your insured, Franklin June, M.D. On October 29, 2015, Mr. Martin was administered an appendectomy at Stanton Medical Center at [insert address] under the care of Dr. June. The appendectomy seemed to go as planned, and Mr. Martin was released as scheduled to recover at home. Three weeks later, Mr. Martin complained to his primary care physician about severe pain in his lower abdomen. It was recommended that he go to the emergency room.

An MRI showed that there was gauze left in Mr. Martin from his recent appendectomy that caused an infection in his body. Dr. June had left the gauze in Mr. Martin by accident, causing a severe risk to his health and overall recovery.

Mr. Martin was hospitalized at another hospital, Greenview Hospital at [insert address] for three weeks until his infection subsided and he was released. He had to undergo rounds of medication, including [name the medications], to fight the infection, as well as the follow-up surgery to remove the aforementioned gauze.

Mr. Martin had to take a month of medical leave from his job at Cranmore Bank, where he works as a branch manager.

The expenses for Mr. Martin’s medical treatment are documented as follows and the related medical bills are enclosed.

Greenview Hospital, three-week stay: $28,000.00

Surgery for Removal of Gauze, November 11, 2015: $12,650.00

Prescription Medications: $230.00

TOTAL: $40,880.00

Over the course of one month of leave at his job, Mr. Martin additionally lost $5,650.00 in his salary, as documented in a letter from Human Resources at Cranmore Bank.

Due to the negligence of your insured, Dr. June, Mr. Martin suffered extreme pain from ongoing complications from a mistake that an experienced surgeon should not have made. He suffered emotional turmoil due to the worry about his health and his loss of work. As a result, we demand compensation in the amount of $70,000.00.

We appreciate a timely response of no more than 30 days from the date of this correspondence.


[The Signature of Your Attorney]

[Your Attorney’s Name – printed]


You should request a settlement amount that is more than your combined medical expenses and lost wages. This leaves room to negotiate a fair amount of compensation.

Get Help with Your Medical Malpractice Claim

Your surgeon will most likely have a seasoned and expansive legal team and insurance company. Hire a lawyer who specializes in these types of cases to ensure your maximum chance of a successful claim and fair settlement. They will write your demand letter, gather the necessary evidence, and ensure a smooth process for your medical malpractice claim.

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