Request to Admit - Model for med mal suit
To: [Name of defendant], defendant, and to [name of defendant's attorney], such party's attorney
Pursuant to [citation of statute or rule], plaintiff requests that prior to pretrial hearing and conference of this action, and within [number of days] days after service of this request, defendant make the following admissions for the purpose of this action only, and subject to all pertinent objections to the admissibility of the matters admitted that may be made at the trial of this action.
Your response to each matter may be in the form of an admission, a specific denial, an objection (with reasons clearly stated), or a statement that the matter cannot be admitted or denied. You may not give lack of information or knowledge as a reason for failure to admit or deny unless you state that you have made reasonable inquiry and the information known or readily available to you is insufficient to enable defendant to admit or deny.
You are requested to admit the truth of the following matters of fact:
1. On [date of medical examination], defendant, [name of defendant], examined, diagnosed, and treated plaintiff, [name of plaintiff], for lumps found to exist in plaintiff's [name of body part].
2. As of [date physician-patient relationship established], there existed a physician-patient relationship between plaintiff and defendant.
3. Following the defendant's examination of plaintiff on [date of medical examination], defendant did not order, request, or recommend further examinations, testing, or treatment of plaintiff.
4. As of [date of medical examination of plaintiff], defendant advertised [himself/herself] and represented [himself/herself] to the public as being a specialist in the field of [name of medical specialty field].
5. As of [date of medical examination of plaintiff], defendant was not board-certified in the field of [name of medical specialty field].
Dated: [date of request]
[Name of plaintiff]