Tag Archives: medical malpractice

Lawsuit Loans can Provide Relief While Patients Prove Negligence

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.

Tort Reform and Leveling the Playing Field with Lawsuit Loans

It is our expectation that the U.S. legal system is in place to rectify acts of injustice. Whether that injustice takes the form of an act of negligence on the job or in a hospital, the U.S. civil justice system will protect its citizens. But recent discoveries about the effects of tort reform would appear to prove otherwise. Expository reports by Public Citizen, a nonprofit consumer advocacy group, and vaunted Sundance documentary “Hot Coffee” express the voices of those concerned about what the future holds under these so-called reforms. Where reformers once championed damage caps in tort lawsuits as the solution to high medical costs and exorbitant insurance premiums, new evidence proves that no significant savings have been made. Furthermore, in states like Texas, where caps were implemented in 2003, affordable medical insurance has become less available as medical spending continues to increase.

The only beneficiaries of tort reform are liability insurance companies and physicians. The civil justice system is meant to punish the wrongdoer and send a clear warning about the unacceptability of negligent injury or death to unsuspecting citizens through the awarding of punitive damages. Reformers believed that putting these damage caps and mandatory arbitration clauses in place would stymie the swell of frivolous lawsuits, exemplified by the suit that 79-year-old Stella Liebeck brought against McDonald’s for their dangerously hot coffee. But what state-specific tort reforms have done, instead of eliminating frivolous cases, is to strip their citizens of a system to turn to when they are injured and at their most vulnerable.

Victims who have suffered severe injuries, including those that prevent them from returning to work after the duration of their medical leave or to an indefinite amount, rely on the possible settlements they can reach to keep them from neglecting their injuries or falling into debt. Plaintiffs often wait months and even years to see their awarded damages, while attorney fees and other court costs pile up. For some, waiting for the maximum awarded settlement is not possible for their health or finances. If insurance companies use their buying power as leverage to wait out a plaintiff before tort reform, they are in an even better position to negotiate a lower settlement with the perception that the civil justice system is on their side.

It is at this time that a lawsuit loan is most necessary and useful. First, the financial burdens of plaintiffs are immediately alleviated by the lawsuit loan that can be applied towards medical bills, outstanding payments, and other necessary expenses that would otherwise lead a plaintiff into foreclosure or bankruptcy. Secondly, by sending a clear message to defendants that plaintiffs, their legal team, and their lawsuit loan company are all committed to winning the case, victims of negligence will have a better chance of achieving the maximum settlement they deserve.

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.

Medical Malpractice and Lawsuit Funding

Medical malpractice has become a more common occurrence amongst victims of wrongful medical treatments, diagnoses of illness or disease and now wrongful drug administration. Lawsuit funding is an easy way to alleviate some of the financial stresses of a victim and their family while hiring an attorney, and paying current bills while still suffering from such malpractice.

Lawsuits can take anywhere in the realm of a few weeks to even months or years to settle. Within this time frame the victim may seemingly suffer financially with additional medical bills as well as the possibility of not being able to return to work. For a family’s protection of assets, as well as some financial stability until the lawsuit settlement proceeds, legal funding is a stellar option.

Lawsuit loans can vary in amount depending on the trial and the situation. Lawsuit loans are determined as to the predicted outcome of the settlement. With respects to medical malpractice, there are a plethora of possible suits that may arise. Some of the cases that occur most are:

*Late or Failure to Diagnose
*Errors in Medication Dosage and Type
*Malpractice Relating to Surgery
*Injuries Occurring in the Process of, or Due to Birth
*Nursing Home Negligence or Wrongful Treatment
*Malpractice due to Wrongful or Incorrect Dosages of Anesthesia

Although the cases for medical malpractice are endless, lawsuit funding can be an easy way in which to travel the process, before obtaining settlement proceedings. Legal funding is also a no risk way in which to get cash for your lawsuit fast. The funding company only receives their loan back (including a fee for supplying the loan) if the settlement proceeds.

Some of the most common entities or individuals that are sued in medical malpractice cases are as follows:

*Doctors
*Nurses & Nurse Practitioners
*Anesthesiologists
*Surgeons
*Pharmacists and/or Pharmacies
*Hospitals
*Chiropractors and/or Chiropractic Centers
*Psychologists and/or Psychiatrists
*Nursing Homes

Medical malpractice is a serious occurrence that can devastate the financial stability of a victim and their family. Lawsuit funding can help. Approval takes between twenty-four and forty-eight hours, and financial stress can begin to minimize soon thereafter.

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: http://www.smpadvance.com

Hospital and Medical Malpractice

Hospital malpractice is defined as “Any physical injury to a patient, negligence or malpractice that takes place in a hospital. Hospital malpractice can be the result of the negligence of any physician, pharmacists, hospital staff member, nurses, and hospital technicians.” Medical malpractice is as a similar term, in that it is defined as “Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional.” One takes place in a hospital, and the other is based on the negligence itself.

Accusations of malpractice have been controversial and a growing issue since the 1970s. Physicians feel there are too many malpractice suits being litigated, and in that, have urged legal reforms to curb large damage awards. Tort attorneys have argued that negligence suits are an effective way of compensating victims of negligence, as well as policing the medical profession.

How does one prove they have been a victim of medical malpractice? To have a case, one must prove four elements: (1) a duty of care was owed by the physician; (2) the physician violated the applicable standard of care; (3) the person suffered a compensable injury; and (4) the injury was caused, or proximately caused, by the substandard conduct. The burden of proving these elements is on the plaintiff in a malpractice lawsuit.

The same elements are applied for hospital malpractice. One has to prove that the hospital staff engaged in incorrect or negligent treatment which in turn caused suffering or emotional, physical or financial harm as a result. For this specific type of malpractice to occur, the care provided by a hospital staff member has to be proven that it was not within the reasonable standards of other professionals practicing in the same manner.

Hospital malpractice generally  includes these elements:

Mistaken Diagnosis:  When a diagnosis is wrongfully determined it may prolong the time to necessary treatment for the correct diagnosis. Additional physical harm may also occur because of faulty recommendations for an incorrect diagnosis. This could create more pain, suffering, or emotional distress.

Failure to Treat a Patient:  All patients must be treated in a timely and a professionally correct manner upon entering a physician or hospital environment if a hospital fails to treat a patient, they could be held liable in the court of law.

Improper Use of Medical Equipment:  If medical equipment is used incorrectly by any staff or personnel employed within a hospital, this could be cause of hospital malpractice.  If the improper use further injures a patient, or does not correct the problem as per the staff’s belief, additional medical injury could occur as a result.

Over ninety thousand patients die each year due to medical error and/or hospital malpractice.  In 2001, The Bureau of Justice Statistics published a  report that cited 1,156 medical malpractice suits were litigated in the 75 most populous counties. Nine out of ten of the cases involved a patient who was permanently disabled or had died as a result of negligent medical care. And yet, the win rate in medical malpractice cases was 27%, significantly lower than the 52% average in tort cases. However, the median damage award of $425,000 was much higher than the average tort award of $27,000. It is important to note that these are only the cases that went to trial, and does not include cases settled out of court.

Not every failure of treatment or of a procedure is malpractice. Often doctors and hospital staff can prove that they did everything they could for a patient and that the patient still suffered pain or died.

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: http://www.smpadvance.com