Medical Malpractice Lawsuit Loans and Pre-Settlement Funding
TriMark Legal Funding offers medical malpractice lawsuit loans unmatched by any other pre settlement funding company in the country. Settlement loans on med mal cases are a fast, affordable, and risk-free way for plaintiffs to get their finances back under control without getting buried in debt.
A serious medical mistake can put a patient’s life in jeopardy. It can result in lasting disability, the loss of work and future wages, or a decrease in quality of life. If you’re a victim of medical malpractice, tort law lets you recover these losses through compensation or settlement. But such cases can take three years, on average, to hash out. The long wait can unavoidably lead to more personal problems, including those related to money, which is why so many victims apply for a medical malpractice lawsuit loan.
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Medical Malpractice Lawsuit Funding – What You Need to Know
Medical malpractice lawsuit loans help plaintiffs deal with financial stress effectively. This option is an advance you make on a portion of your future compensation or settlement money. Right now, it could be the best option you have.
In our 17 years in the industry, we at TriMark have seen how the sum received through medical malpractice lawsuit loans has covered payments for people’s bills and expenses. Access to a cash advance has also empowered litigants to say no to a lowball settlement offer and push for a fairer amount.
You deserve to be duly compensated. And you don’t have to bear the brunt of a prolonged case, caused by the backlog in courts and preferred by health care providers and insurance firms.
The Importance of Expert Testimony
To establish negligence and claim damages due to flawed medical care, you and your lawyer must prove a few things:
- The duty owed to you by the health care professional;
- The relevant rule of care he, she, or they breached;
- That the breach directly caused your injury; and
- The seriousness of the injury you sustained.
It’s on you, as the plaintiff, to show the substance of your claim. As such, you will have to bring in an expert witness.
It’s a longstanding practice to invite medical experts to testify on behalf of feuding parties in medical malpractice litigation. These professionals should have the technical or scientific skill, knowledge, experience, training, or education in the same field to qualify as an expert witness.
The main responsibility of expert witnesses is to educate the judge and jurors on the applicable standard of care, and if the conduct of the defendant violated that standard. Thus, they did not have to be in the same place where the injury or cause of injury occurred. They only have to review the medical records after the fact and then provide their opinion.
While you’re most likely to ask a professional to testify in your favor, the court assumes their independence and the accuracy of their data or opinion.
An Exception to the Rule
When circumstances surrounding the case fall under the common knowledge rule, an expert witness may not be required. That is, the non-medical members of the public can understand the situation in which the health care provider performed below the standard of care.
For instance, in 1994, the Virginia Supreme Court applied the common knowledge exception to Beverly Enterprises–Virginia, Inc. v. Nichols. The suit involved the elderly nursing home administrator’s failure to share crucial care information with an employee. A resident with Alzheimer’s choked to death when a caretaker, who was unaware of her condition, left her alone to eat.
The court deemed the conditions that led to the wrongful death within the range of understanding of the members of the jury.
Alarming Medical Malpractice Statistics
- An estimated 225,000 people die each year from some form of medical malpractice, from incorrect medicine dosages to surgical errors, to medical misdiagnosis and failure to diagnose and failure to treat in time. This is the third most common reason for death in the United States.
- A 2002 study by Healthgrades found that an average of 195,000 hospital deaths in America were due to potentially preventable medical errors.
- The Institute of Medicine estimates that medication errors are the most common of medical errors, with 1.5 million people suffering an injury from these mistakes each year.
- According to the Bureau of Justice Statistics, a full half of medical malpractice lawsuits are filed against practicing surgeons.
- One statistic shows that 12,000 people per year die from unnecessary surgery.
- The Journal of the American Medical Association reports that 106,000 patients die each year because of the negative effects of their medication.
- Only 2% of those who suffer from medical malpractice ever file claims for compensation. Even fewer ever receive compensation for their injury, failing health, or pain and suffering.
- Between the years of 1990 and 2003, 8,151 malpractice payment reports were made against doctors in Illinois.
- Between the years of 1990 and 2003, 2,570 malpractice reports were filed against physicians in Indiana.
Requirements For Getting Settlement Funding for Medical Malpractice
There is gross medical incompetence or negligence as noted above, or
- The plaintiff’s attorney has already engaged expert witnesses, those experts have already generated their reports and those reports are available for our confidential review during underwriting.
- The plaintiff died as a direct result of the malpractice OR the plaintiff has suffered serious, permanent, or irreparable physical injury or harm.
- There must be reasonable expectation the case will result in a significant damage award to the plaintiff in excess of $50,000 net (after attorney fees, case costs, etc.)
- Except in cases of gross, undeniable negligence or incompetence as noted above, at least one expert witness must be retained and their report must be available for our review during underwriting.
What is Medical Malpractice?
You expect your doctor or any health care provider – institution or individual – to treat you or deliver care to you to a certain degree. More importantly, you expect your condition to improve and feel better.
But when the opposite happens, and the result is a damaging injury, you can allege your doctor or health care provider with medical malpractice.
Medical malpractice can bring tremendously negative effects on victims’ lives. If someone had the wrong or unnecessary surgery, they could be recovering from their condition now. Instead, they’re still suffering from the same issue, with an added burden to them physically, emotionally, and financially, which is why so many victims opt for medical malpractice lawsuit loans.
The error cost them their means to earn a living and enjoy life if nothing else. The legal domain does not treat this event lightly, and rightfully so.
So, there are a few things that must be satisfied before you can file a medical malpractice claim against your clinician and apply for a medical malpractice lawsuit loan. Dissatisfaction or thinking that the care you received was substandard is not sufficient.
- There should be harm or injury, and the harm of injury was caused by negligence.
- The law also looks for considerable damage, such as disability, a considerable loss of income, constant pain, hardship, and suffering.
Medical Error vs Medical Malpractice
Let’s go back to your dissatisfaction case. You may be feeling this way because a treatment did not work. Or it could be that you experienced an allergic reaction to a medication. Such failures or accidents are considered medical errors, which give leeway to unforeseen or unavoidable accidents. Thus, they may not warrant a lawsuit yet.
So, how do you identify between a medical error and medical malpractice?
We already mentioned above the factors that need to be met for a case to be considered medical malpractice and apply for a medical malpractice lawsuit loan. But with medical errors having a broad definition, here’s a question to help you navigate the gray areas:
“Would a reasonable person have made the same prescription or diagnosis?”
If you answered yes, the act still likely falls under medical error.
Medical malpractice constitutes the physician prescribing medicine with knowledge of its adverse side effects, which another physician in the same situation would have not. Or the doctor’s failure to diagnose an illness properly. These examples exhibit intentional misconduct or negligence, which are now grounds for medical malpractice.
Statutes of Limitations for Medical Malpractice
Most civil lawsuits can be filed from the time the incident happened until a certain deadline. This is called the statute of limitations. For medical malpractice, you have two to six years to initiate charges before the statute of limitations expires, depending on your state.
Time Limitations and Statute Citation per State
State Time Limitation Statute Citation
- Alabama 2 years Code of Alabama section 6-5-482
- Alaska 2 years Alaska Statutes section 09.10.070
- Arizona 2 years Arizona Revised Statutes section 12-542
- Arkansas 2 years Arkansas Code section 16-114-203
- California 1 year California Code of Civil Procedure section 340.5
- Colorado 2 years Colorado Revised Statutes section 13-80-102.5
- Connecticut 2 years Gen. Stat. of Connecticut section 52-584
- Delaware 2 years Title 18 Delaware Code section 6856
- District of Columbia 3 years D.C. Code section 12-301
- Florida 2 years Florida Statutes section 95.11(4)(b)
- Georgia 2 years Code of Georgia Annotated section 9-3-71
- Hawaii 2 years Hawaii Revised Statutes section 657-7.3
- Idaho 2 years Idaho Statutes section 5-219
- Illinois 2 years Illinois Comp. Statutes section 5/13-212(a)
- Indiana 2 years Indiana Code section 34-18-7-1
- Iowa 2 years Iowa Code section 614.1
- Kansas 2 years Kansas Statutes Annotated section 60-513
- Kentucky 1 year Kentucky Revised Statutes section 413.140
- Louisiana 1 year Louisiana Revised Statutes section 9:5628
- Maine 3 years Maine Revised Statutes Title 24 section 2902
- Maryland 3 yrs / 5 yrs Maryland Cts & Jud. Proc. Code section 5-109
- Massachusetts 3 years Massachusetts General Laws Ch. 260 section 4
- Michigan 2 years Michigan Comp. Laws section 600.5805
- Minnesota 4 years Minnesota Statutes section 541.076
- Mississippi 2 years Mississippi Code section 15-1-36(1)
- Missouri 2 years Missouri Revised Statutes section 516.105
- Montana 3 years Montana Code Annotated section 27-2-205
- Nebraska 2 years Nebraska Revised Statutes section 44-2828
- Nevada 3 years Nevada Revised Statutes section 41A.097
- New Hampshire 2 years New Hampshire Revised Statutes section 507:C-4
- New Jersey 2 years New Jersey Public Law section 2A:14-2
- New Mexico 3 years New Mexico Statutes Annotated section 41-5-13
- New York 2.5 years N.Y. Civil Practice Law and Rules section 214-a.
- North Carolina 3 years North Carolina General Statutes section 1-15
- North Dakota 2 years North Dakota Century Code section 28-01-18
- Ohio 1 year Ohio Revised Code section 2305.113
- Oklahoma 2 years Oklahoma Statutes section 76-18
- Oregon 2 years Oregon Revised Statutes section 12.110
- Pennsylvania 2 years Penn. Cons. Statutes Title 42 section 5524
- Rhode Island 3 years Rhode Island Statutes section 9-1-14.1
- South Carolina 3 years South Carolina Code section 15-3-545
- South Dakota 2 years South Dakota Codified Laws section 15-2-14.1
- Tennessee 1 yr / 3 yrs Tennessee Code Annotated section 29-26-116
- Texas 2 years Texas Civil Practice and Rem. Code section 74.251
- Utah 2 years Utah Code section 78B-3-404
- Vermont 3 years 12 Vermont Statutes Ann. section 521
- Virginia 2 years Code of Virginia section 8.01-243
- Washington 3 years Rev. Code of Washington section 4.16.350
- West Virginia 2 years West Virginia Code section 55-7B-4
- Wisconsin 3 years Wisconsin Statutes section 893.55
- Wyoming 2 years Wyoming Statutes section 1-3-107
You will have to follow this standard deadline in order to file a claim and qualify for medical malpractice lawsuit loans. So, if your injury took place in a doctor’s office in Wyoming one year ago today, you just have another year to file a lawsuit.
Some states allow the extension of the standard deadline to file a claim and still apply for a medical malpractice lawsuit loan through three exceptions: the Discovery Rule, the Statute of Limitations for Minor Children, and the Statute of Repose.
- Discovery Rule: This extension of the standard deadline applies to patients who did not know or realize they had been suffering from harm until the statute of limitations expired or was about to expire. The start date for filing a claim and applying for a medical malpractice lawsuit loan, resets to when they discover they have a claim.
Arkansas, Idaho, Maine, Minnesota, New York, and South Dakota do not have a discovery rule for medical malpractice.
- Statute of Limitations for Minor Children: States usually set a separate deadline for minor children who are victims of medical malpractice. For instance, Alabama allows children under four years old to file a lawsuit until their eight birthday.
- Statute of Repose: This is a provision within the statute of limitations that imposes an absolute deadline on the filing of a lawsuit. This varies from state to state, worded differently each time. But one example would be that a claim can only be made within 10 years from the time the medical malpractice took place.
Steps to Starting a Medical Malpractice Case
Medical malpractice can be complicated. But the process of filing a case and getting a medical malpra can be broken down into steps you can wrap your head around. That’s not to say they’re easy, though, as some parts can take a long time. (Hint: Compensation or settlement payout, which is why a medical malpractice lawsuit loan is so important.)
- File a lawsuit in a court of law personally or through your legal representative.
- Prior to the trial, the judge will require you to share information with the defendant in a process called discovery. Document requests and depositions happen during this step.
- Both parties can discuss an out-of-court settlement. If there’s an agreement, the case won’t proceed to trial. If there’s no agreement, the case will go to trial.
- The burden of proof lies in the plaintiff. You have to prove with compelling evidence that the defendant was negligent, usually with the help of an expert witness. The defendant can also bring in their own expert witness to explain their understanding of the standard of care required.
- The fact-finder, made up of a person or group of persons, will consider all presented evidence, decide which party has more credibility, and give a verdict. If the fact-finder and the judge are the same, the judge will decide on damages if the plaintiff is the winning party.
- The losing party may ask for a new trial. Some courts allow the plaintiff to move for additur, a request to assess the damages, and award a larger amount. The defendant may move for remittitur if they want the amount of damages to be reduced.
- Either party may take appeal to a higher court.
- The plaintiff may be awarded compensatory and punitive damages.
Types of Damages Involving Medical Malpractice Lawsuit Loans
- Compensatory damages are categorized into economic or non-economic damages. Some examples of economic damages are medical expenses, life care expenses, and loss of past and future earnings.
Non-economic damages include the physical and psychological harms that come with the injury, such as the loss of limbs, constant pain, and emotional distress. Medical malpractice lawsuit loans can be used in cases involving compensatory damages.
- Punitive damages, which relate to punishment, are an additional form of compensation awarded to the plaintiff if the defendant is found guilty of malicious or willful misconduct. Medical malpractice lawsuit loans can be used in cases involving punitive damages.
Common Cases Medical Malpractice Lawsuit Loans Are Used For
Wrong, failed, or delayed diagnosis is a common complaint source in litigation. You can establish that your diagnosis led to taking inappropriate medication or missing a different set of treatment options, which then caused you harm. Behind this circumstance is the rationale that a more competent doctor would not have made the same mistake. Medical malpractice lawsuit loans can be used in misdiagnosis cases.
Mistakes in prescribing or administering medication is one of the most common forms of medical malpractice. A doctor can also fail to foresee a harmful drug interaction. A nurse can give the wrong medication to a patient. Any of these errors can cause injury to the recipient. Medical malpractice lawsuit loans can be used in cases involving medication errors.
These injuries include those caused by medical malpractice to a fetus during pregnancy or a child during the birth process. The mother can also be affected individually or together with her child. Brain injuries, fractured bones, and full or partial paralysis are some examples. Medical malpractice lawsuit loans can be used in childbirth injury cases.
As much as the surgeon and the nursing staff limit errors in the operating room, negligence can happen. A punctured organ, wrong body part operated on, or a surgical devicetool left inside the body are some of the OR horror stories that can end up being tried in the courtroom. Medical malpractice lawsuit loans can be used in cases involving surgery errors
Though rare, anesthesia errors can have more dangerous results than surgery errors. They can lead to brain injury, permanent disability, or even death. Negligence can happen through failure to investigate a patient’s medical history or failure to inform the patient of necessary preoperative procedures. Medical malpractice lawsuit loans can be used in cases involving anesthesia errors
Other cases of medical malpractice:
- Constant pain after surgery
- Lack of follow-up
- Premature discharge
- Pressure ulcers
- Potentially fatal infections acquired in the hospital