I have heard that formal notice must be given to each person who is to be sued in a medical malpractice case. What is that all about?
Usually, a lawsuit is started with the filing of a summons and a complaint. A summons is issued by the court and orders the defendant (the person sued) to respond to the lawsuit. A complaint is a document in which the plaintiff (the person filing the suit) sets of the basic facts and legal theories giving rise to a lawsuit against the defendant.
The health care lobby got a special law enacted that adds a special step to bringing a lawsuit against a health care provider. The law requires that notice must be given to the person who is to be sued. The requirement for giving notice is very strict and I would not recommend that any non-lawyer attempt it on his or her own.
Once the pre-suit notice is given the plaintiff must wait at least 60 days before filing the lawsuit.
Once again, you are urged not to attempt to give notice of a potential health care liability lawsuit on your own. This is a complicated area of the law and requires the help of an experienced Tennessee medical malpractice attorney.