After serving the required 90 day Notice of Intent to Sue Letter in a Medical Malpractice case, can the 90 day Notice be tolled, if more tim...

Question

After serving the required 90 day Notice of Intent to Sue Letter in a Medical Malpractice case, can the 90 day Notice be tolled, if more time is needed? I know the 90 day Notice tolls the SOL, but when the 90 days is about to expire and more time is needed, what option can be used? Tolling the 90 day Notice, or Tolling the SOL (if all parties stipulate)

Answer

It is the statute of limiations that needs to be tolled. There are agreements to make sure its done properly.

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