§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.