Lawsuit Advances & Pre-Settlement Funding

Medical Malpractice

Medical malpractice involves an act or omission by a health care provider- physician, EMS, nurse, nurse practitioner, nurse anesthetist, dentist, therapist or medical assistant- that results in a lapse in what is considered medical standard of care or standard of practice. Medical malpractice usually involves medical error and results in injury or death to the patient. There are five elements that are essential for proof of medical malpractice: the legal duty of the provider to care for the patient, the breach of that duty when the provider failed to provide standard of care to the patient, that breach as the proximate or direct cause injury to the patient, the medical provider deviated from accepted medical standards of care, and pecuniary or emotional damage as a result of the malpractice. If there is no damage, there is no basis for a civil claim despite negligence on the part of a provider. Damages awarded include those of a compensatory nature and in the case of wantonly reckless behavior, those of a punative nature. Each state has its own statute of limitations for filing medical malpractice claims.

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