Doctors, nurses, and other medical staff play a very important role in the health care system. Patients entrust their lives to these professionals. Therefore, there is a reasonable standard of professionalism expected from medical personnel.
They have to undergo a training program and obtain particular academic excellence to receive the permit to practice the medical profession in a specific country.
If any medical professional fails to comply with the reasonable standard expected from a certified professional in the given circumstances and, as a result, cause harm to you, it will constitute medical malpractice and you are entitled to bring a claim of medical malpractice against the hospital, doctor, nurse or any other medical staff accused of medical malpractice.
Pre-requisite conditions for medical malpractice
Although the laws regulating malpractice vary from one state to another, the basic pre-requisite conditions for a successful claim of medical malpractice are explained below:
- The first important condition for a medical malpractice claim is to establish a duty of care. It means you have consulted the respective medical professional, and there exists a physician-patient relationship. Similarly, you have to prove the relationship with a nurse or other medical staff by providing evidence of admission to a particular hospital. In order to prove the duty of care, you will have to provide the receipt of appointment, prescription of medication by the doctors, or any other piece of evidence that reflects the exchange of services between you and the medical professionals.
- There are no subjective criteria to determine the standard of care provided by a medical professional. Therefore, if you are not satisfied with the services of a medical professional, you may not have a successful claim of medical malpractice. In order to prove a claim, you have to prove that the respective medical professional has failed to comply with the standard of care expected from a competent professional in the given circumstances, and there has been negligence on behalf of the professional.
- The third important condition is that the negligence of the medical personnel has caused an injury to you. For example, if a doctor fails to diagnose cancer in the initial stage, the negligence may result in serious complications for the patient. Similarly, if a doctor operates on the wrong part of the body or fails to control blood loss and causes injury to the patient, it will constitute medical malpractice.
- The damage caused to you is quantifiable, and the courts of law may direct the defendant to pay monetary compensation to you. The monetary compensation may also be claimed for pain, suffering, and psychological trauma.
If the conditions mentioned above are fulfilled, you will have a successful medical malpractice claim.
You should institute a medical malpractice claim as soon as possible and hold the medical professional accountable for the injury caused to you. You should also keep a record of the prescriptions and other evidence to substantiate your claim.
Need a pre-settlement loan for a medical malpractice claim?
Medical malpractice cases take a long time to be finally decided by the courts of law or in alternate dispute resolution.
Due to this process, you may have to wait for months and years to receive compensation for the injury caused to you.
However, if you need money as a cash advance from your pending claim and do not want to wait for months and, in some cases years to finally receive the compensation awarded to you, you can apply for a pre-settlement loan.
You can request personal injury pre-settlement funding at any stage of your case, and we are here to help you out.
Contact Baker Street Funding at any point in time and apply for a medical malpractice pre-settlement loan to support you during the pendency of the lawsuit.
You will have to repay only if you are successful in your claim and receive compensation for the injuries caused to you. If you do not receive any compensation, you are not obliged to pay back the advance.