If You Have Been Injured As A Result Of Medical Malpractice, Will You Be Eligible For A Lawsuit Loan? (Part 4)
In our previous articles, we have discussed the basic elements involved in bringing a medical malpractice claim. The first element we discussed was that the medical provider must have engaged in conduct that is not in keeping with the standards established for providers of that same specialty. The second element we discussed was that, irrespective of whether the provider adhered to the standards established, an individual must have suffered harm to be able to bring such a claim. Those two elements must be satisfied before an individual may possibly consider bringing the medical malpractice claim against the provider. Those elements must also be satisfied prior to obtaining a lawsuit loan to assist in pursuing such an action.
In addition to the foregoing, the plaintiff must also demonstrate that there was not only harm, but damages that accrued as a result of that harm. We previously discussed ways in which damages could both be identified and calculated. We also discussed the fact that there will be many parties who ultimately review any claims for damages submitted to determine the veracity of such claims.
In this article, we are going to discuss some of the ways in which the institutions in which the services were provided (e. g., hospitals, clinics, and physicians’ offices) may be subject to liability for medical malpractice claims. We will also touch briefly on the potential for liability assessed against various manufacturers (e. g., drug manufacturers, instrument manufacturers, etc.).
When making a determination as to whether the institution and/or facility in which the services were performed share liability for medical malpractice committed, it will be necessary to make a determination as to whether those institutions breached a fiduciary duty owed to individuals seeking care at those facilities. A fiduciary has a duty to individuals to provide care and, in many instances, protection to those in its charge. Institutions are not permitted to merely bill for physicians’ services, while ignoring the duty owed to the individuals seeking care in those institutions.
It should be noted that all institutions in which medical services are performed are required to adhere to regulatory standards. One may simply look at the regulatory standards established for hospitals (OSHA) – entities that are subjected to heavy regulation regarding privileges granted to physicians and/or surgeons, nurses, medical technicians, instruments that may be used, and administrative procedures. Furthermore, the clinics in which medical services are performed must adhere to strict regulations with respect to both the nature of services performed and the individuals who can perform services in those facilities. Physicians’ offices, likewise, are also heavily regulated (e.g., signage that may be posted, individuals who may perform services in those facilities, the level of supervision required for services performed, etc. However, it is imperative that you recall that he first two elements identified in this article lists the satisfied prior to pursuing a claim against the institutions. Additionally, it is extremely unlikely that a lawsuit loan will be available to individuals who have not established those first two elements.
Standards are also established with respect to any medications that may be prescribed, medical procedures to which individuals may be subjected, sterilization of the instruments to be used on patients, transfer of patients from one place to another, etc. A breach of the duty owed to the patients receiving care and treatment in the facilities at which the services are rendered may constitute medical malpractice liability being ascribed to the institution in which the services were performed.
As previously stated, medical malpractice claims are often complex and very expensive! The expenses incurred as a result of medical services performed, the need to retain an attorney specializing in medical malpractice claims, the need to retain a medical expert, etc. often result in the plaintiff feeling overwhelmed. The plaintiff should be relieved to know that a lawsuit loan may be available, and may provide the much-needed financial resource. It is unfortunate that many plaintiffs are unaware of their ability to obtain a lawsuit loan, and, abandoned a meritorious claim due to their financial limitations.
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