by: Dr. Tom Rhudy
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Previously, we defined medical malpractice. Additionally, we identified some of the elements involved in bringing such a claim. The elements identified were necessary to bring a successful action against the provider. The elements identified will also be essential if you wish to obtain a lawsuit loan to assist with that pursuit.

In this article, we will discuss some of the issues that are relevant in bringing a claim for injuries occurring as a result of the provider's negligence. In the next article, we will discuss issues related to claims that are against the institutions in which the services were performed, as well as manufacturers, etc.

As we stated previously, it will be necessary for you to demonstrate that the provider breached a duty owed to you as a patient. Additionally, it will be necessary for you to demonstrate that you suffered harm as a result of that provider's negligence. However, for you to have a claim, it will be necessary for you to demonstrate the actual damages you sustained as a result of that provider's negligence. It will be those damages on which your claim will be predicated. It will also be those damages that will make a determination as to whether you qualify for a lawsuit loan to bring an action against that provider.

The damages claimed will be reviewed by multiple parties. Your attorney will want to review the records, as well as the damages identified, to determine whether you have a case worth pursuing. To determine whether your opponent agrees with your assessment, it will also be necessary for the defendant to review the damages identified. The payer, in almost all cases an insurance carrier, will also demand to review the damages claimed. If the case proceeds, the judge assigned to your case will review the damages to determine whether the case has sufficient merit to make it to the courthouse. If the case does go to trial, and a jury is requested, it will be the jurors who ultimately determine the amount of damages sustained.

A successful presentation of your damages will rely, in large part, on your record-keeping. Once again, it will also be necessary, in almost all instances, to retain a medical expert who is capable of reviewing your medical records and credibly assessing the extent of damage sustained.

Although we have a tendency to focus on the pain and suffering involved, this is customarily an element is that is reserved for the final analysis. Initially, we will be looking at the medical expenses involved (e.g., hospital bill, bill for ambulance services, medical supplies, etc.).

You may also need to factor in such things as lost wages, lost earning-capacity, loss of consortium, attorney's fees, and court costs. If you sustained permanent injury, it will be necessary to also consider impairment and/or disability ratings. To obtain these assessments, you will be required, in almost all instances, to retain a reputable medical expert.

The foregoing are just a few of the issues that must be assessed when filing a medical malpractice claim against the provider. It will be vitally important for you to carefully maintain records with respect to expenses incurred. It will also be vitally important to keep records that clearly identify the procedures performed at the time you were either in a hospital, clinic, or physician's office.

Once again, these claims are often very complex. It is important for you to retain an attorney who is experienced in medical malpractice cases to assist you in being able to obtain records and requisite documentation as quickly as possible. As expenses mount, the propriety of obtaining a lawsuit loan will be more evident. Unfortunately, settlement funding is often considered as a last resort. In many instances, receiving a lawsuit loan spells the difference between having to drop the suit against the provider and having the resources to pursue the claim to a fair and equitable conclusion.

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