Tuesday, November 24, 2009

Have You Been Injured Due To Medical Malpractice? Are You In Need Of A Lawsuit Loan? (Part 2)

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.

When healthcare professionals (e.g., doctors, nurses, et al.) fail to meet the above-referenced standard, an act of medical malpractice may have occurred. If such an act occurs, the individual against him the act was consummated may be eligible to file a medical malpractice claim. If so, the individual may find it necessary to obtain a lawsuit loan.

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.

In most instances, such actions are filed against providers who fail to exercise due-diligence in the care and treatment of patients. These suits are intended to permit the individuals who suffer injury as result of malpractice to obtain compensation. These suits are customarily time-consuming and costly for both the providers against whom the claims are filed and the plaintiffs. By allowing these claims, it is assumed that medical physicians will be less likely to engage in these negligent acts.

The suits place responsibility on doctors forcing them to conduct their practice in a manner that will not cause harm to the patients who present to them for treatment. Therefore, it is considered a means by which the quality of health care may be controlled, at least to some extent. The assumption is that if doctors are forced to pay for mistakes committed while performing care and treatment to patients, they will exercise more caution when providing services. However, a lawsuit loan is often necessary to enable the plaintiff to pursue such cases over the protracted interval oftentimes required to bring these cases to a resolution.

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.

We will conclude this article by identifying two of the key elements required to successfully bring a malpractice claim. The first element is that the healthcare provider failed to exercise the degree of care and skill required by other physicians and surgeons of the same medical specialty. The second element is that the individual to whom the services were provided was harmed as result of those services.

To succeed in such an action, many other elements must be addressed. In future articles, we will address some of those additional elements. Additionally, in bringing these actions, the plaintiff will often find that it is essential to obtain a lawsuit loan to keep from being inundated by ongoing expenses. - 29904

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