November 23, 2009 by Dr. Tom Rhudy
You may be wondering how one defines medical malpractice. Medical Malpractice occurs when a healthcare provider fails to exercise the degree of care and skill required by other physicians and surgeons of the same medical specialty. When such standards are not followed, malpractice occurs. If the individual is harmed, and they’re willing to pursue a claim against the providers, they may be eligible to obtain a lawsuit loan to assist them in pursuing this action.
The act occurs when health care professionals such as doctors, nurses, et al. fail to meet the above-referenced standard. Once this act occurs, an individual may file a claim for malpractice against those providers. Once that claim is filed, the individual may be eligible for a lawsuit loan to assist them in pursuing this litigation.
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.
Another reason for allowing these claims to be brought forward is to force doctors to conduct themselves in a manner less likely to result in harm to patients. Thus, it is considered a form of quality-control. It is an unfortunate consequence of the protracted nature of these claims that most plaintiffs, if they intend to pursue the action through to the end, must obtain lawsuit loans.
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.)
The fact that a provider is licensed does not ensure that the provider will conduct himself/herself in a manner consistent with that of other providers in the same specialty. Furthermore, it is a mistake to conclude that you have waived your rights to pursue an action against the provider merely because you signed a consent form. The duty to exercise due-diligence in the care and treatment of patients is considered a non-delegable duty.
Although we will address additional elements in future articles, we will address two specific elements here. The first element is that the provider must fail to exercise the degree of care and skill required by other physicians and surgeons of the same specialty prior to being able to commit medical malpractice. The second element is that the individual must have sustained an injury as a result of the negligent act.
To prevail in your medical malpractice claim, many other elements must be addressed. We will address some of the additional elements in our next article. Once again, in most instances, the plaintiff will find it necessary to obtain a lawsuit loan simply to be able to manage expenses incurred while pursuing this litigation.
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