Is a Lawsuit Loan Right for My Malpractice Case?

Updated on December 29, 2020

The definition of medical malpractice is when a doctor, nurse, pharmacist, dentist or other medical professional treats you in a negligent manner. It can also mean that the physician failed to diagnose your illness or misdiagnosed your illness. It also applies when a physician gives a patient the wrong medication or the wrong dose. 

Several actions can constitute medical malpractice. For example, a surgeon may cut an organ next to the organ he is working on. A nurse may bandage the patient incorrectly. Sometimes, surgeons have left tools inside of their patients. All of these situations can lead to further discomfort for the patient. 

The Most Common Complaints of Medical Malpractice

Medical malpractice can be found in many forms. Some of the most common claims include: 

  • Misdiagnosis or delayed diagnosis: This is the number one complaint. It is when a physician fails to diagnose an illness that other physicians would have been able to diagnose. 
  • Birth injury: The physician handles the baby incorrectly while she is delivering it. 
  • Use of anesthesia: Patients have been seriously injured when an anesthesiologist failed to follow the proper procedure for administering anesthesia. 
  • Infection: The staff failed to disinfect something properly, and this resulted in infections.

These are just a few examples of medical malpractice claims. If your situation doesn’t match any of these examples, you might still have a case. Talk to your lawyer to determine the right course of action.

Who Is Responsible for Medical Malpractice?

Several people may be responsible for medical errors. Those listed below are people against whom you may be able to file a medical malpractice claim:

  • Physicians: Physicians don’t necessarily work for the hospital, so any medical malpractice claim would need to name the physician directly.
  • Medical practitioners: Medical practitioners do not have a lot of liability coverage, so the option is to pursue the hospital in a medical malpractice claim. 
  • Hospital or medical facility: Known as “vicarious liability,” it is when you file a claim against a hospital or facility rather than the physician. 
  • Pharmaceutical companies: You would file a claim against a pharmaceutical company if the company failed to warn you about the side effects or the hazards of taking the medication. 

What Are the Qualifications for a Medical Malpractice Lawsuit Loan?

You can apply for a medical malpractice lawsuit loan if you have an attorney and are at least 18 years of age. Your attorney must present evidence that the medical professional was negligent. You also need to present an affidavit or an expert report. If you cannot complete this last requirement, you may proceed if the medical professional’s negligence was obvious. 

Medical Malpractice Lawsuits Take Time

Medical malpractice cases may take a long time to litigate, and this plays into the insurance company’s hands. Typically, insurance companies delay the proceedings with the hope that you will finally get tired and accept a low settlement offer. Malpractice cases also require that many expert witnesses be involved, and that often means your lawyer engages in complex proceedings. 

The insurance companies will also drag out the process by asking for additional documents and requiring you to endure additional medical exams. They know you’re probably unable to work due to injury and you may struggle to pay for these extra services on top of the medical bills you already have. They mean to discourage you so you give up without proper compensation. 

If this scenario sounds like what you’re going through, pursuing a medical malpractice case might be the only option. With a lawsuit loan, you will be able to wait while the insurance company does its best to delay proceedings. With your lawyer’s persistence, the insurance company will ultimately offer you the compensation you truly deserve. 

Throughout the year, our writers feature fresh, in-depth, and relevant information for our audience of 40,000+ healthcare leaders and professionals. As a healthcare business publication, we cover and cherish our relationship with the entire health care industry including administrators, nurses, physicians, physical therapists, pharmacists, and more. We cover a broad spectrum from hospitals to medical offices to outpatient services to eye surgery centers to university settings. We focus on rehabilitation, nursing homes, home care, hospice as well as men’s health, women’s heath, and pediatrics.