Houston, TX asked in Medical Malpractice and Personal Injury for Tennessee

Q: Do I have to assert all my claims against a medical facility at time of Pre-suit Notice?

Do I have to assert all my claims against a medical facility at the time of pre-suit notice or can the complete list of claims, and damages, wait until the time of filing suit?

What exactly MUST be included in the Pre-suit Notice?.... beyond what is spelled out in the statues? I mean, can I simply say, "Here is your notice that I have a claim that I intend to file against you, here are my HIPPA compliant ROI's" - or, do I have to describe the essence of the case and the actual claim cannot deviate from or expound upon?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: A Texas or Tennessee attorney could advise best (the post straddles both jurisdictions), but your question remains open for five weeks. One reason the question was difficult to answer might be that med mal cases tend to be complex, commonly involving multiple parties, multiple legal theories, and overall, being of a nature that makes a textbox instructional response difficult. In terms of the HIPPA compliant ROIs, those are often not of an urgent priority in many jurisdictions, and it is not uncommon for them to tendered after service of answer, since additional parties are sometimes identified by then. But only an attorney in your jurisdiction could advise accurately there. At this point, it would make sense to consider a consult with an attorney in your jurisdiction who is familiar with the applicable civil procedure rules, particularly if a public health facility is involved, as those could possibly involve abbreviated timelines nationwide.

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