Most physicians are competent, but they do make mistakes. When you are harmed by physician malpractice, medical malpractice lawsuits might be your best means of recovering damages.

In this litigation guide article, we will outline what constitutes malpractice and what steps you should take if you think you are a victim.

What is Physician Malpractice?

The term malpractice literally means “bad practice.” Medical malpractice is defined as a situation in which a patient is harmed by something a medical professional did or something that should have been done but wasn’t.

There are mistakes of commission and omission, often called errors and omissions in the field of malpractice law, and both types of mistakes are the basis for medical malpractice lawsuits.

What you Should Do When your Doctor Makes a Mistake

If the physician is willing to rectify the situation and you are willing to leave it at that, that might be all that is required. If the physician cooperates in paying any additional medical bills or compensating your for time lost from work, it might remain a private matter between the two of you. Talk to your doctor and see if he or she is cooperative.

If you don’t get the compensation you believe you are entitled to, consider discussing your situation with a medical malpractice attorney that specializes in your type of case.

Filing a Malpractice Lawsuit

Most litigation attorneys who file medical malpractice lawsuits and other personal injury lawsuits offer free first consultations, often known as case evaluations. The attorney will consider the evidence and advise you as to whether or not a lawsuit would likely be successful.

If your attorney is confident that you have a winnable case, he or she will likely take file a lawsuit on your behalf and work on a contingency fee. This means that the litigation attorneys only get paid if a settlement is agreed to or a court awards you a judgment.

Lawsuit Funding and Settlement Advances

If you need money for expenses before the lawsuit is concluded, you might be able to obtain it through special funding. Some lenders specialize in loans known as lawsuit or litigation funding, settlement cash advances or settlement loans.

When applying for this funding, you must provide documentation in support of your lawsuit. The lender will also want to discuss the case with your attorney prior to making the loan. If the lender believes your case is strong, they’ll proceed. In most cases, the lender incurs risk. The loans typically don’t need to be repaid if the lawsuit is lost.

If you’ve been injured by the negligence of your doctor or other medical professional, talk to a lawyer who specializes in personal injury lawsuits. If a lawsuit is filed and you need money for expenses before a settlement or judgment is made, you might be able to get funding through lenders that specialize in these types of loans.