Healthcare professionals take an oath before being sent out into the workforce to do no harm. However, these professionals are human, and mistakes are going to be made. But sometimes, doctors and other healthcare providers make mistakes that can be classified as negligent. If you have suffered because of medical malpractice, a lawsuit loan could help your finances during your malpractice lawsuit.
The results of this negligence varies; medical malpractice cases are often pursued because of botched surgery, anesthesia, misdiagnosis, or other complications. It is not only doctors that can be sued, but also nurses, hospitals, nursing homes, chiropractors, pharmaceutical companies, and even dentists. Malpractice often gets flack in the media for frivolousness, but the truth is, there are many justified malpractice cases, and the practice is important because it keeps doctors accountable for negligence.
A plaintiff in a medical malpractice lawsuit must show proof of the healthcare provider’s negligence. There are a few elements to this proof:
—The provider owed a duty to the patient. This is basically the doctor-patient relationship. If the physician, pharmacist, dentist, nurse, etc. was treating you, then you were owed a duty of care.
—The extent of the duty that was owed breached a “reasonable professional” standard. This means that a competent provider would not have made the same mistake in a similar situation. This is the more difficult area to prove, because, as previously stated, providers are people, and people make mistakes. This element of proof is supposed to differentiate between a mistake and a negligent mistake. If a provider in a similar field within the same setting would not have made that mistake, then it breached this reasonable standard.
—This breach resulted in injury. If a provider makes a mistake but the patient escapes unharmed, then they cannot sue for malpractice. However, there are some grey areas to this element, such as how some cases have been made for a breach that caused emotional harm rather than physical harm.
—The plaintiff suffered as a result of this injury. This is referred to as damages. This can include aforementioned emotional distress, wages lost due to injury, pain, medical bills, or, unfortunately, funeral costs.
Although emotional damages are difficult to recover from, lawsuits can help plaintiffs recover financially. However, these lawsuits often drag out, and in the meantime, the plaintiff must pay medical bills on top of regular financial responsibilities. To make things worse, he or she may be out of work because of the injury! This can add to the emotional stress. Lawsuit loans can get the plaintiff cash from their lawsuit now to help stay afloat during a time that is both emotionally and financially difficult.
About the Author: Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit www.smpadvance.com.
