Lawsuit loans are routinely offered for medical malpractice cases by legal funding companies. The underwriting of these cases however, is often much more complicated than the standard negligence case. This post will attempt to identify some things to remember when attempting to secure a lawsuit loan on a medical malpractice case.
The American legal system places a duty of care upon doctors as they interact with their patients. Medical Malpractice actions are based upon a breach of this duty. The breach must be of the standard of care for similar professionals in that specialty and in the geographic area in which the treatment occurred. debt collection statute of limitations
In order to sustain a cause of action for malpractice against a medical professional, the negligence must be causally related to the damages alleged. In other words, the malpractice must have cause an injury or other damages to the plaintiff. Plaintiffs routinely allege different types of damages. Most often, plaintiffs allege physical damage to their bodies. In other instances, lost wages or other economic damages are sought. In still others, emotional or mental damages are available to plaintiffs.
Malpractice Cases are Often Complicated.
Most states recognize malpractice cases for the following:
* Misdiagnosis and Failure to Diagnose a Treatable Medical Condition.
* Delay in Diagnosis of a Treatable Medical Condition.
* Misread or Improper Evaluation of Study.
* Pregnancy, Labor & Delivery Malpractice.
* Medication Errors.
* and others…
People can easily imagine a medical malpractice case where the doctor amputates the wrong leg. Clearly, the doctor should have known which leg to amputate and the resulting damages would be irreparable and not hard to quantify. Such a case would most likely be settled in short order.
But the vast majority of medical malpractice lawsuits are not so cut and dry.
When health care professionals (including doctors, nurses, and other practitioners) treat their patients, most are doing their very best to help. When something goes wrong, victims sometimes blame the health care worker for unexpected complications. However, just because a patient’s condition worsens does not necessarily mean the medical provider deviated from standard practice. After all, the patient is usually ill before he seeks medical attention.
Once a breach of the standard of care is proven, plaintiffs and their attorneys must then prove malpractice caused the plaintiffs damages. In other words, it is not enough to show the patient eventually suffered. The negligence must cause the suffering. In many lawsuits, this is not so easy to show.
For example, a physician may misdiagnose a patient’s Stage 4 pancreatic cancer. And the attorneys, through their skill and expertise can prove that the doctor’s diagnosis deviated from the acceptable standard of care. However, due to the terminal nature of this type of condition, damages would be very difficult to prove. The patient would most likely be facing a terminal diagnosis regardless of its timeliness. In this instance, any damages would certainly be minimized by defense attorneys.