What is the difference between a medical malpractice demand and a settlement?

A medical malpractice demand and a settlement are two different but related actions taken in a medical malpractice case. A medical malpractice demand is the process where a patient or their legal representatives presents a written notification of an intention to file a lawsuit against a medical provider or health care organization. The demand usually includes a summary of the malpractice allegations and a monetary sum requested for damages. A medical malpractice settlement, on the other hand, is an agreement between the patient and the medical provider or health care organization. This agreement typically includes a detailed description of the malpractice allegations and sometimes includes an admission of liability. The settlement also includes a payment to the plaintiff in exchange for the release of all claims related to the malpractice incident. In Washington, a medical malpractice claim must comply with certain statutes in order to be valid. These include statutes regarding the statute of limitations, the rules of civil procedure, the damages that can be recovered, and the procedures for filing a claim. If the claim meets all of these requirements, the injured party may present a medical malpractice demand. If the demand is accepted by the medical provider or health care organization, then a settlement is typically negotiated. In summary, a medical malpractice demand is the initial step taken in a medical malpractice case and typically includes a summary of the malpractice allegations and a demand for damages. A medical malpractice settlement, on the other hand, is the final result of the legal process, which includes a payment to the plaintiff and a release of all claims related to the malpractice incident.

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