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Qualifying for Medical Malpractice Lawsuit Loans
To qualify for most medical malpractice lawsuit funding, the following must be true:
- You have hired an attorney on a contingency basis and controls settlement proceeds to pursue a medical malpractice claim against an insured or self-insured entity
- Your attorney has discussed your case with or has written testimony from a relevant medical professional or there is an outstanding offer to settle
- You are above the age of 18
Medical malpractice lawsuits are notoriously difficult at trial – according to Reuters, only 1 in 4 malpractice cases are ruled in favor of the plaintiff. Because of this, if your case is filed, your attorney will typically commission a medical expert report.
Furthermore, between retaining attorneys, attaining expert witnesses to testify, completing mandatory review hearings, and getting time in front of a judge, medical malpractice lawsuits can take years before a decision is reached.
How Much Medical Malpractice Legal Funding Can I Get?
The amount of legal funding you qualify for depends on the estimated value of your medical malpractice case. Because these cases don’t fair well at trial, some pre-settlement funding companies can be fairly conservative on funding.
At Provident, our expert underwriters feel right at home with medical malpractice claims. We can advance up to 15% of the conservatively estimated value of your claim.
The way we estimate your case value is by assessing your total damages, medical, economic, and pain, and suffering, as well as the likelihood that your case will settle in your favor.
Even if other companies have turned you down, we can still help out. We can even buy out other funding companies’ advances at lower rates.
Medical Malpractice Lawsuits
Doctors and nurses are supposed to provide us with care, support, and, in the end, leave us healthy and able. And, in many cases, they do.
Doctors are a beacon of hope and light when we feel at our worst, and they have the power to diagnose, prescribe, and treat our problems. For many people, doctors are viewed as having the power of controlling life and death by their ability to save.
However, what happens when they don’t? What happens when, instead of getting better after seeing a physician, you end up sicker than ever, or even dead?
While this sounds unlikely, according to the Journal of Patient Safety, over [400,000 people die every year from medical malpractice complications. That doesn’t even include the number of people harmed, but not killed, by medical malpractice every year.
Medical Malpractice is defined by the American Board of Professional Liability Attorneys as “improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional”.
Medical malpractice can occur due to, but is not limited to:
- Surgical errors
- Failure to diagnose
- Failure to treat the patient in a timely manner
- Failure to treat properly the patient for their diagnosis
- Failure to warn patients about any consequences of their chosen course of treatment
If you have experienced any of these types of medical malpractices, you are likely entitled to compensation and should contact an attorney to investigate the validity of your case.
In any medical malpractice lawsuit, you have the burden of proof to show that:
- A doctor-patient relationship existed
- The doctor was negligent
- The doctor’s negligence caused the injury
- The injury led to specific damages
If these are true, you likely have a strong medical malpractice claim that may qualify for medical malpractice pre-settlement lawsuit loans.
Medical malpractice lawsuits can only be brought against doctors whom you hired and who agreed to be hired by you. This can be trickier to determine than you might think in court, especially in the cases of consulting physicians.
Though doctor-patient communications are often [privileged]( https://www.physiciansweekly.com/the-elements-of-doctor-patient-privilege/ “Physicians Weekly”), your medical records will likely become an issue in the case, and therefore will probably become a part of the public record if your case advances far enough into discovery.
Medical malpractice lawsuits must demonstrate that the acting physician was not sufficiently “reasonable or skillful” in order to prove that it was negligent.
Doctor’s Negligence Caused the Injury
This can also be difficult to determine in a medical malpractice lawsuit, especially since many deals with pre-existing conditions. After all, most people only go to the doctor once they are already ill—so it can be difficult figuring out exactly how much harm a physician caused by their negligence if they caused any at all.
The most common form of negligence is a [misdiagnosis]( https://www.hg.org/article.asp?id=31330 HG Malpractice Article”), whereby a doctor begins treating a patient for one disease or ailment, only to realize too late that another disease or ailment was causing symptoms the whole time.
In order to qualify for a lawsuit loan, you may be required to demonstrate that, by a preponderance of the evidence standard, that the doctor’s negligence caused your condition to worsen.
The Injury Led to Specific Damages
Even if all of the above criteria are met, your medical malpractice lawsuit would be incomplete without allegations of specific damages.
Patients can sue for a few different types of injuries sustained by medical malpractice:
- Physical Pain and Suffering
- Mental or emotional anguish or distress
- Additional medical bills
- Lost wages and earnings capacity from time out of work