What Qualifies A Medical Malpractice Claim?

Reading Time: 3 minutes
What qualifies a medical malpractice

Doctors and other health care providers do make mistakes, but not every error is malpractice. Medical malpractice occurs when a physician or other medical professional fails to meet accepted standards of care for treating patients. In order to succeed in a medical malpractice claim, a patient must prove that the healthcare provider failed to meet those standards and that the failure caused harm to the patient.

However, medical malpractice cases can be difficult to win because they require a high level of proof. The law requires patients to show that their injuries were caused by an error on the part of the physician—not just by an unfortunate coincidence.

Different types of malpractice.

Medical malpractice comes in different forms, some more common than others. These include:

  1. Surgical errors. Surgery isn’t without risk, and an unsuccessful procedure doesn’t necessarily mean malpractice. Medical malpractice can only be claimed if the surgeon doesn’t follow the standard of care. Performing the wrong surgery, operating on the wrong part of the body, or leaving equipment in the body can have serious consequences.
  2. Failure to treat. Sometimes doctors diagnose an illness or injury correctly but don’t recommend the best treatment. For example, a doctor may fail to diagnose appendicitis, leading to a serious infection or even the rupture of the appendix.
  3. Delayed diagnosis. A delayed diagnosis happens when a doctor doesn’t diagnose a condition fast enough. As a result, the patient’s prognosis can get worse.
  4. Misdiagnosis. Misdiagnosis can occur when a physician fails to identify a condition, fails to recognize its severity, or orders the wrong tests or treatments. As a result, the patient may experience unnecessary pain, suffering, and even death. In this case, the doctor may be liable for any harm caused by negligence.
  5. Birth injury. Healthcare workers should be prepared to handle the risks and complications that often arise during childbirth. When a medical error occurs during the birthing process, the infant may suffer severe harm and require months or years of care. An obstetrician or hospital delivery team can be held liable for injuries caused by failing to follow standard procedures.

Factors that qualify a medical malpractice claim.

  1. First Factor. You must have a relationship with a doctor or nurse. You can establish a relationship even by signing up for the first time in your doctor’s office. Nonetheless, if a doctor fails to assist a person who got hit by a car, this is not medical malpractice.
  2. Second Factor. You must show that your healthcare provider failed to provide the same care as a similar provider. To prove this, you can compare your doctor’s actions to similar ones. For example, if a surgeon performed a procedure that another surgeon with the same level of experience wouldn’t have done, your surgeon could be considered negligent.
  3. Third Factor. The negligence must have caused you injury or harm as a direct result of the provider’s negligence and not some random occurrence.
  4. Fourth Factor. The injury or harm caused you damages. You can’t sue if no harm was caused by a medical mistake. However, if your injury resulted in lost wages, pain and suffering, or other damages, then you can sue.

Need a pre-settlement loan for a medical malpractice claim?

When you are dealing with financial difficulties during a lengthy medical malpractice lawsuit, you may be overwhelmed with meeting your most basic expenses. Baker Street Funding can provide the money you need to pay for medical bills, daily living expenses, and other important costs while you wait for your case to be resolved. We understand that your situation is unique and will work with you to provide an individualized solution. Our experienced team of professionals is trained to treat every one of our clients with compassion and speed. Plus, our process does not involve any credit checks or monthly payments.

You can use the cash advance from your pending lawsuit to cover rent, mortgage, food, living costs, transportation, and more. Our funding has no out-of-pocket costs and no risk – we only get paid if you win your case. We understand the frustration of not getting compensated for the financial and emotional hardship you have endured. That’s why we make it easy to get a pre-settlement loan for medical malpractice cases in only 24 hours.

Get funded with Baker Street Funding and let us be your financial solution while you seek justice. Apply for a lawsuit loan today.

At Baker Street Funding, we give you the inside scoop on pre-settlement funding by covering a variety of ... financing and legal topics to help you made the best financial decision for you and for your case. Our experts break down complex ideas in a way that's easy to understand so you can stay informed on current trends as well as tips and fact checked information by the CEO and founder, Daniel Digiaimo. Furthermore, Despite its name, consumer legal funding is not a loan. If you don't win your case, no payment needs to be made back. To avoid confusion and simplify matters on, we'll use the word "loan" throughout this article.

Select a legal funding service to get started. 

Attorney Requests

Lawsuit Loans

Litigation Funding

Personal Injury Loans

Settled Case Loans

Surgery Funding

Or just call us at 888.711.3599 to apply.