§671-4 Notice of damages. (a) In any medical tort action, the party against whom the complaint, counterclaim, or cross-claim is made at any time may request a statement setting forth the nature and amount of the damages sought. The request shall be served upon the complainant, counterclaimant, or cross-claimant who shall serve a responsive statement as to the damages within fifteen days thereafter. In the event a response is not served, the requesting party may petition the court with notice to the other parties, to order the appropriate party to serve a responsive statement.
(b) If no request is made for a statement setting forth the nature and amount of damages sought, the complainant, counterclaimant, or cross-claimant, as the case may be, shall give notice to the other of the amount of special and general damages sought to be recovered, either before a default may be taken, or in the event an answer is filed, at least sixty days prior to the date set for trial. [L 1976, c 219, pt of §2; am L 1980, c 232, §36; am L 1992, c 55, §2]
Case Notes
Medical malpractice claim not dismissed for violation of section where other claims brought with it. 69 H. 305, 741 P.2d 1280.
Section: Previous 671-1 671-2 671-3 671-4 671-5 671-6 671-11 671-11.5 671-12 671-12.5 671-13 671-14 671-15 671-15.5 671-16 NextLast modified: October 27, 2016