If you’re considering filing a medical malpractice lawsuit in San Diego, there’s a critical legal step you must take first: sending a 90-day notice letter. At Hariri Law Group, we help clients understand and comply with this important requirement under California Code of Civil Procedure § 364.
What is a 90-Day Notice Letter?
Under California Code of Civil Procedure § 364, any person planning to file a lawsuit for professional negligence against a healthcare provider must first serve a written notice of intent to sue at least 90 days before filing the lawsuit.
This rule applies to claims involving:
- Misdiagnosis
- Surgical errors
- Medication mistakes
- Other forms of medical negligence
Why Is the 90-Day Notice Letter Required?
The 90-day notice letter requirement is part of California’s broader effort to manage medical malpractice litigation through the Medical Injury Compensation Reform Act (MICRA), enacted in 1975. MICRA was designed to reduce the number of frivolous lawsuits, control insurance premiums for healthcare providers, and encourage early resolution of valid claims.
Under California Code of Civil Procedure § 364, the 90-day notice must be sent before filling a medical malpractice lawsuit. The primary purpose is to give healthcare providers advance warning of a potential claim. This notice allows doctors and hospitals time to:
- Review the patient’s medical records
- Investigate the alleged incident
- Consult with their insurance carriers and legal teams
- Consider early settlement
By requiring this notice, MICRA hopes to reduce unnecessary litigation and promote faster, more efficient resolution of legitimate claims.
What Must the Notice Letter Include?
According to Section 364, the 90-day notice must include:
- The legal basis for your claim (e.g., negligence)
- The type of loss or injury suffered
- The nature of the alleged malpractice
Because the requirements may seem straightforward but often involve technical legal language and strict deadline, many injured patients find this process confusing. That’s why working with an experienced legal team like Hariri Law Group is crucial. We ensure your notice is complete, compliant, and strategically crafted to protect your rights from day one.
What Happens After the 90 Days?
After you serve the 90-day notice, you must wait for the full 90 days to pass before filing your lawsuit. If no settlement if reached during that time, you can then move forward with filing your case in court.
Have a Potential Medical Malpractice Claim? Contact Hariri Law Group Today
If you or a loved one has suffered due to medical negligence in San Diego, don’t wait. Timing is critical and failing to follow the 90-day notice requirements could cost you your case.
Llame a Hariri Law Group al (619) 363-2889 para una consulta gratuita.
Spanish 
English