If You Have Been Injured As A Result Of Medical Malpractice, Will You Be Eligible For A Lawsuit Loan? (Part 2)

By Dr. Tom Rhudy

Like many, you may be wondering how to define medical malpractice. This act occurs when a healthcare provider fails to exercise that degree of care and skill required by other physicians and surgeons of the same medical specialty. If these standards are not followed, malpractice may have occurred. However, medical malpractice will only have occurred if the individual is harmed. If the individual is harmed, and if the individual who sustained that harm is willing to pursue a claim against the providers, they may be eligible to obtain a lawsuit loan to assist them in pursuing this action.

When healthcare professionals (e.g., doctors, nurses, et al.) fail to meet the above-referenced standard, an act of medical malpractice may have occurred. If such an act occurs, the individual against him the act was consummated may be eligible to file a medical malpractice claim. If so, the individual may find it necessary to obtain a lawsuit loan.

It is important to realize that if the provider's conduct meets this standard, irrespective of the harm to the patient, it is unlikely that medical malpractice has occurred. Contrariwise, in the absence of harm, there is no claim.

Most of these actions are filed against doctors who failed to exercise reasonable care and judgment in the treatment of the patient. The goal of such a suit is to obtain compensation for resultant injuries. The suits are time-consuming and costly for both the doctors and the plaintiffs. It is the fear of malpractice that is considered to be a tool designed to keep medical physicians from engaging in negligent acts while providing care to patients.

The suits place the burden on doctors to conduct their practices in a manner that will not harm the patients who present to them for treatment. This burden is also considered a quality-control measure. The belief is that if doctors are required to compensate patients for mistakes committed while performing care and treatment to those patients, the provider's will exercise more caution when providing those services. Unfortunately, due to the protracted nature of these cases, lawsuit loans are often necessary to enable plaintiffs to pursue such.

It is often essential to retain an attorney experienced in medical malpractice cases. While there are many benefits in doing so, one of the key-benefits of retaining such an attorney is the fact that the claim will wend its way through the legal system much more efficiently and with less burden and expense. When you retain a competent attorney, you'll find that the attorney will be able to obtain requisite information from providers in a much more efficient manner. Additionally, the attorney will be well-aware of the need to file the suit as quickly as is reasonably possible. It will also be beneficial to have an attorney who is acquainted with medical experts upon whom you may rely in assessing the merits of your case. These experts customarily require retainer prior to performing services requested. (This is just one of the many factors that place the plaintiff in a position where a lawsuit loan is required.)

Remember, being a licensed health care provider does not give that provider permission to commit malpractice. Frequently, individuals mistakenly believe that because they've signed a consent form, that the provider has no liability for acts of malpractice. It should be noted that the duty to exercise due-diligence in providing treatment to patients is considered a non-delegable duty.

We will conclude this article by identifying two of the key elements required to successfully bring a malpractice claim. The first element is that the healthcare provider failed to exercise the degree of care and skill required by other physicians and surgeons of the same medical specialty. The second element is that the individual to whom the services were provided was harmed as result of those services.

Obtaining a successful outcome in such actions will require that you satisfy many other elements. It is critical for you to bear in mind that many individuals who wish to pursue such an action to a successful-conclusion must be willing to commit both the time and resources to do so. Thus, it is necessary in many instances for such plaintiffs to obtain a lawsuit loan. - 29969

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