Medical Malpractice Lawsuit Funding
Medical malpractice implies that the “acceptable standard of care” was violated in the medical care received by the victim. Medical malpractice lawsuit funding allows victims of medical malpractice and their families to get advances on the expected settlement of their medical malpractice lawsuit. Medical malpractice cases are more difficult to get funded than some of the other case types we handle. A wide variety of things can be expected to go wrong in a medical procedure that does not constitute malpractice. Statistics from the U.S. Department of Justice for the year 2001 showed that only 27% of medical malpractice cases had a successful outcome for the plaintiffs. Because of this most of our underwriters require that your attorney obtain an expert opinion stating that the acceptable standard of care has been violated in your case. All but one of the underwriters require that this expert opinion is obtained before they will consider a case for medical malpractice lawsuit funding.
The types of malpractice situations that may qualify for medical malpractice lawsuit funding include (but are not limited to) the following.
- treatment errors or neglect leading to the loss of a body part (e.g. amputations)
- treatment errors or neglect resulting in death
- medication errors
- surgical errors such as leaving objects (e.g. sponges, plastic parts, etc.) in the patient’s body that should not be there
- emergency room errors
- diagnosis errors
The cases can be against doctors, nurses, dentist, therapists, hospitals, and others.
The documents we need to see for medical malpractice lawsuit funding include the following.
- attorney/client retainer agreement (optional)
- expert report or testimony stating that the acceptable standard of care has been violated in your case
- complaint document (most medical malpractice cases are settled via negotiation before the case goes to trial)
- medical records (e.g. emergency room reports, X-ray reports, MRI reports, CAT scan reports, surgical reports, doctors narrative reports describing status of injuries)
- death certificate (if the malpractice resulted in death)
- proof of defendant’s insurance
Several basic questions about lawsuit finding are answered on the page FAQ’s About Lawsuit Funding.
If you have additional questions, or if you would like to learn if your lawsuit qualifies for lawsuit funding, please click here to contact us.