“Before filing suit against a health care provider for “professional negligence” (medical malpractice), the prospective defendant must be given at least 90 days prior notice of the intention to commence the action. “Professional negligence” means a negligent act or failure to act by a health care provider in the rendering of professional services, which is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed. Professional negligence does not include intentional torts such as battery. The notice requirement does not apply to a defendant whose identity is unknown to the plaintiff at the time the suit is filed, and thus is sued under a fictitious name.
No particular form of notice of intention to sue is required. The notice must advise each defendant of the legal basis of the claim and the type of loss sustained, including describing with specificity the nature of the injuries suffered. However, failure to specify every injury suffered cannot bar a plaintiff from including an unintentionally omitted injury from the lawsuit against the medical practitioner. When proper notice of intent to sue is given during, but not before, the last 90 days of the applicable statute of limitations, that statute of limitations is “tolled” for 90 days (i.e., an additional 90 days is added to the statute of limitations).”
[California Civil Courtroom Handbook & Desktop Reference [certain citations omitted]]
