Have You Been Injured Due To Medical Malpractice? Are You In Need Of A Lawsuit Loan? (Part 4)

In our previous articles, we laid out several elements that are required to pursue medical malpractice claims. The threshold element that must be satisfied to bring such a claim is that a medical provider failed to conduct his/her practice in a manner consistent with established standards for providers of that same specialty. Additionally, the plaintiff must demonstrate that they suffered harm as a result thereof. In the absence of the foregoing elements, a medical malpractice claim is extremely unlikely to prevail. Furthermore, the efforts expended to obtain a lawsuit loan would be, in almost all cases, be futile.

We also discussed the need to, in addition to the harm, demonstrate damages. We discussed ways in which those damages may be determined, as well as the layers of review to which those damages will be subjected. It will be those damages on which the ultimate value of the claim will be assessed.

In this particular article, we will discuss the ways in which liability may accrue against various medical institutions (e. g., hospitals, clinics, and physicians' offices). We will also turn our attention, just briefly, to liability that may accrue against various manufacturers (e. g., drug manufacturers, instrument manufacturers, etc.).

Bringing a claim against an institution is unlike that of bringing a claim against the provider. It is assumed that the provider has a fiduciary duty to patients presenting for care. However, in bringing a medical malpractice claim against an institution, the plaintiff must first demonstrate that that the institution had both a fiduciary duty to and breached that fiduciary duty to the plaintiff. Being a fiduciary merely implies the requirement to hold something in interest (e. g., duty to individuals to provide care and, in many instances, protection). Institutions often mistakenly believe that they may cavalierly bill for physicians' services, while, at the same time, ignoring its responsibility to the individuals seeking care in those institutions.

It should be noted that all institutions in which medical services are performed are required to adhere to regulatory standards. One may simply look at the regulatory standards established for hospitals (OSHA) - entities that are subjected to heavy regulation regarding privileges granted to physicians and/or surgeons, nurses, medical technicians, instruments that may be used, and administrative procedures. Furthermore, the clinics in which medical services are performed must adhere to strict regulations with respect to both the nature of services performed and the individuals who can perform services in those facilities. Physicians' offices, likewise, are also heavily regulated (e.g., signage that may be posted, individuals who may perform services in those facilities, the level of supervision required for services performed, etc. However, it is imperative that you recall that he first two elements identified in this article lists the satisfied prior to pursuing a claim against the institutions. Additionally, it is extremely unlikely that a lawsuit loan will be available to individuals who have not established those first two elements.

Although the level of scrutiny is much different for products manufactured, it is quite evident that the strict standards exist with respect to such products. Rigid standards have been established with respect to the manufacturing of any medication that may be prescribed, medical services that may be performed, sanitization methods, the manner in which patients are to be transferred from one station to another, etc. It is important to realize that a breach of any of these elements, when combined with satisfaction of the first two elements identified herein, may be sufficient to justify a medical malpractice claim against the manufacturer. Additionally, you may anticipate the lawsuit loan will be made available within a meritorious claim.

Yes, a medical malpractice claim is very complex and customarily very expensive! These expenses arise out of numerous factors. A few of those factors would include medical services performed, the need to retain an attorney who is both experienced and qualified to handle medical malpractice claims, the need to retain a medical expert, in some instances, the inability to continue working as result of the damages incurred, etc. Many of these patients become overwhelmed with the ongoing expenses. However, one should take comfort in knowing that a lawsuit loan will be available in many of these cases to assist plaintiffs as they navigate this very complex and expensive route. Sadly, many plaintiffs are unaware that lawsuit loans are available to assist them in such instances. The lack of awareness of such settlement funding, results in many plaintiffs merely abandoning their claims due to their financial limitations.

Need more infofmation about lawsuit loans? We've got more and will help you find out all about obtaining a lawsuit loan and what it can do for you.