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In our previous articles, we laid out several elements that are required to pursue medical malpractice claims. The threshold element that must be satisfied to bring such a claim is that a medical provider failed to conduct his/her practice in a manner consistent with established standards for providers of that same specialty. Additionally, the plaintiff must demonstrate that they suffered harm as a result thereof. In the absence of the foregoing elements, a medical malpractice claim is extremely unlikely to prevail. Furthermore, the efforts expended to obtain a lawsuit loan would be, in almost all cases, be futile.

The plaintiff must also be able to demonstrate damages, in addition to any harm produced. In a previous article, we discussed ways in which those damages may be assessed, in addition to the fact that many individuals will be reviewing your claim to assess the veracity of the damages identified. Both your claim and potential lawsuit loan will be determined by the total amount of damages incurred.

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.

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.

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.