Dealing with the aftermath of hospital negligence can be as distressing as it is disorienting. When you seek medical help, you expect to be cared for, not left in worse condition. Unfortunately, mistakes and oversight can occur in hospital settings, leading to severe consequences for patients.

If you find yourself a victim of such an incident, you’re not only fighting for your health but often against financial pressures as well. In those moments when uncertainty looms large, Baker Street Funding’s pre-settlement legal funding offers a beacon of stability. Our funding options can provide you with the financial support you need, so that your fight for justice isn’t compromised by economic hardship.

What is hospital negligence?

Hospital negligence is a specific subset of medical malpractice focused on errors that occur within the unique operational environment of hospital settings. Unlike general medical malpractice, which can happen in any healthcare setting—from private clinics to outpatient surgery centers—hospital negligence arises from failures directly tied to the complexities and high demands inherent to hospitals.

Who’s Liable?

If you’ve suffered due to hospital negligence, liability can rest with various parties: the hospital itself for systemic issues or inadequate policies; specific medical professionals (doctors, nurses) for their actions, or even third-party contractors working within the hospital.

Identifying the liable party often depends on whether the negligence resulted from an individual’s mistake or a broader institutional failure. Getting to the bottom of this requires careful examination of the circumstances surrounding your case.

Proving Causation in a Hospital Negligence Lawsuit

Proving causation involves demonstrating a direct link between the hospital’s (or medical staff’s) negligence and the harm you suffered as a patient. This is how it’s usually done:

Establishing the Standard of Care: Proving what a competent healthcare provider would have done under similar circumstances. Expert testimony, often from medical professionals in the same field as the defendant, is usually required to outline these standards.
Identifying the Breach. Evidence of how the hospital or staff failed to meet this standard of care. This could involve action (such as performing an incorrect surgical procedure) or inaction (such as failing to diagnose a condition).
Connecting the Breach to Harm Caused. Proving that the breach of the standard of care directly resulted in your injury or worsening condition. It’s not enough to show that the provider was negligent; you must demonstrate that this specific negligence caused the injury.
Documenting the Harm. This could include medical records, expert testimony on your condition and prognosis, and evidence of pain and suffering or financial losses related to the negligence.

Hospital Negligence: Understanding the Spectrum of Medical Missteps

Here are the most common types of claims associated with hospital negligence, each presenting unique challenges to the affected patients.

Misdiagnosis or Delayed Diagnosis. When a doctor either incorrectly identifies a medical condition or takes too long to do so, it can delay critical treatment or lead to the wrong treatment approach.
Surgical Errors in the Operating Room. Mistakes during surgery, such as operating on the wrong body part, leaving instruments inside a patient, or errors related to anesthesia.
Medication Errors. Providing the wrong medication, incorrect dosage, or medication that a patient is allergic to. An overdose due to an excessively prescribed medication is a classic example.
Anesthesia Errors. Incorrect application of anesthesia, including giving too much or too little, not monitoring the patient’s vital signs, or failing to provide proper pre-anesthesia instructions.
Birth Injuries. Negligence during childbirth that results in harm to the mother or baby, such as improper use of forceps or failure to perform a necessary C-section.

Additional Types of Hospital Negligence Claims

Failure to Obtain Informed Consent. Not providing the patient with enough information about the risks and alternatives of a procedure, or not obtaining explicit consent before proceeding.
Inadequate Staffing. When a hospital fails to maintain adequate staffing levels, leading to overworked staff and increased risk of errors.
Failure to Monitor. Neglecting to properly monitor a patient’s condition, especially after surgery or during critical care.
Hospital-Acquired Infections. Infections that a patient acquires while receiving treatment in a hospital due to unsanitary conditions or negligence in maintaining sterile environments.
Improper Use of Medical Equipment. Using faulty or improperly maintained medical equipment.
Patient Falls. Negligence in preventing patient falls within the hospital, which can result from inadequate supervision, poor facility maintenance, or failure to follow safety protocols.
Emergency Room Negligence. Delays in treatment, failure to properly triage patients, or improper discharge from the emergency room.
Nursing Negligence. Negligence by nursing staff, such as failing to follow doctor’s orders, improper patient monitoring, or inadequate care.

What are Damages?

Damages refer to the compensation awarded to the plaintiff (the person who has been harmed) for losses suffered due to the hospital’s negligence. These damages are intended to make the plaintiff “whole” again, to the extent possible, by providing financial compensation for both economic and non-economic losses. Here’s a closer look at the types of damages commonly awarded in these cases:

Economic Damages

Economic damages compensate for financial losses directly resulting from the negligence. These are tangible costs that can be quantified and typically include:

Medical Expenses. Costs for past and future medical care related to the injury, including hospital stays, surgeries, medications, rehabilitation, and any ongoing healthcare needs.
Lost Wages. Compensation for income lost due to time off work for recovery. This also covers loss of earning capacity if the plaintiff can no longer work in the same capacity as before the injury.
Other Financial Losses. Any other out-of-pocket expenses related to the injury, such as travel expenses for medical treatment, home or vehicle modifications for disability, and so on.

Non-Economic Damages

Non-economic damages compensate for the intangible losses that don’t have a specific dollar amount. These are more “personal” in nature and include:

Pain and Suffering. Compensation for physical pain, discomfort, and the general distress you suffered as a result of the negligence.
Emotional Distress. Compensation for your psychological trauma, such as anxiety, depression, trauma, and loss of enjoyment of life.
Loss of Consortium. Compensation awarded to the spouse or family members of the plaintiff for loss of companionship, affection, support, and, in some cases, intimate relationships due to the hospital caused injury.

Punitive Damages

Punitive damages are not awarded as compensation for losses but are instead intended to punish the defendant for particularly egregious conduct and to deter similar conduct in the future. These are less common in these cases and are only awarded when the defendant’s actions are found to be especially reckless or malicious.

Caps on Damages

Some states in the U.S. have caps on the amount of damages, particularly non-economic and punitive damages, that can be awarded in medical negligence claims.

Hospital Negligence Pre-Settlement Funding

If you’re facing financial strain while pursuing a hospital negligence claim, personal injury lawsuit funding might be a solution worth considering. It provides you with funds to help you cover immediate needs such as medical bills, living expenses, rent, mortgage, and other urgent costs while your legal case is unresolved.

What is a Lawsuit Loan for Hospital Negligence Claims?

A lawsuit loan for hospital negligence claims, often referred to as pre-settlement legal funding, is a non-recourse cash advance against the potential settlement of your negligence lawsuit.

Important Aspects from Baker Street Funding’s lawsuit loans:

Non-Recourse Funding. All of our lawsuit loans are non-recourse, meaning you aren’t required to pay the money back if you don’t win your hospital negligence lawsuit. We take on the risk. You won’t face financial ruin if your case doesn’t succeed.
No Credit or Income Checks. Your eligibility for our pre-settlement loans doesn’t depend on your credit history or employment status. Instead, approval is based solely on the merits and value of your hospital negligence case. Occasionally, additional documentation, such as a medical expert report, may be required to secure funding.
Immediate Financial Relief. Our pre-settlement funds allow you to spend your money as you see fit. Cover things like rent, mortgage, household expenses, living costs, utility bills, and even medical bills so that you stay true to your commitments.
Better Settlements. Legal funding is especially useful when legal proceedings drag on. This cash infusion eases the pressure to settle early for a lower amount due to financial constraints.

Application Process for a Lawsuit Loan

Check Eligibility. To qualify, you must have a strong hospital negligence lawsuit and be represented by an attorney. Lawsuit funding companies won’t consider your application unless you have legal representation.
Submit Your Application. Apply for funding with Baker Street Funding by calling (888) 711-3599, and provide the details about your case and your contact information.
Attorney Cooperation. After your application, a team member will contact your attorney to gather more information about your case. This helps us assess the strength of your claim and the potential compensation amount.
Approval and Offer. If we believe your case is likely to succeed, we’ll make an offer based on the expected settlement amount. The offer includes the amount you can borrow and the terms of the loan, including the interest rate.
Agreement Signing and Funding. If you accept the offer, both you and your attorney will sign the funding agreement. Once the agreement is signed, funds are typically disbursed quickly, often within 2 hours, directly into your bank account.

Why consider pre-settlement funding?

When a personal injury lawsuit drags on, the financial uncertainty can feel suffocating. Medical bills pile up, household expenses don’t stop, and daily costs keep coming. Even the strongest among us can feel the weight bearing down. But ther eis hope, pre-settlement funding can offer you the financial stability needed to endure the settlement process ahead.

Don’t let financial stress add to your woes. Apply for Baker Street Funding’s pre-settlement loans today.