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.

The liability of various institutions (e. g., hospitals, clinics, and physicians' offices) in medical malpractice claims is the focus of this article. In addition to specific institutions, we will also briefly discuss liability that may accrue 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.

Although the level of scrutiny is much different for products manufactured, it is quite evident that the strict standards exist with respect to such products. Rigid standards have been established with respect to the manufacturing of any medication that may be prescribed, medical services that may be performed, sanitization methods, the manner in which patients are to be transferred from one station to another, etc. It is important to realize that a breach of any of these elements, when combined with satisfaction of the first two elements identified herein, may be sufficient to justify a medical malpractice claim against the manufacturer. Additionally, you may anticipate the lawsuit loan will be made available within a meritorious claim.

Yes, a medical malpractice claim is very complex and customarily very expensive! These expenses arise out of numerous factors. A few of those factors would include medical services performed, the need to retain an attorney who is both experienced and qualified to handle medical malpractice claims, the need to retain a medical expert, in some instances, the inability to continue working as result of the damages incurred, etc. Many of these patients become overwhelmed with the ongoing expenses. However, one should take comfort in knowing that a lawsuit loan will be available in many of these cases to assist plaintiffs as they navigate this very complex and expensive route. Sadly, many plaintiffs are unaware that lawsuit loans are available to assist them in such instances. The lack of awareness of such settlement funding, results in many plaintiffs merely abandoning their claims due to their financial limitations.