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What are Medical Malpractice Settlements?


A medical malpractice settlement award is usually given out in cases where a physician causes the death or injury of a patient under their care due to negligence. There are numerous reasons for which you can file a medical malpractice claim against your medical practitioner, but some of the most frequent cases are usually presented as a result of some misdiagnosis, inaccurate treatments, excessive hospital discharge, mistakes during surgery, prescribing wrong medication and some others.

What is the Burden of Proof?

In every case, the onus falls on the plaintiff to prove to the court beyond a reasonable doubt that the defendant has done something to hurt them in a way that warrants legal reproach.

How do you Fulfil the Burden of Proof?

Before a judge hears your medical malpractice case, you have to prove beyond a reasonable doubt that the defendant is guilty of the following;


Pre-existing Doctor-Client Relationship

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For your medical malpractice claims to hold up in court, you have to be able first to prove that there was an established relationship between you and the doctor. A pre-existing relationship means that you have visited the doctor for an appointment and not a consultation.

These consultations cannot be brought up under medical malpractice claims as there are usually no treatment options in medical consultations, and you might not be able to hit your doctor with accusations of wrong treatment or negligence.


Malpractice caused injury

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The onus also falls on you to prove that your doctor was directly responsible for the harmful damage caused. The court, of course, will only hear your case when you provide evidence to this effect.

Usually, the court would require you to provide additional medical consultation from another certified medical practitioner who can say definitively if your doctor was the cause of the injury or not


Occurrence of Negligence

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Apart from producing evidence that your doctor was directly responsible for your predicament, it is equally crucial that you prove that they were guilty of negligence in the course of your treatment.

You have to prove that negligence did occur in the course of your treatment for your case to be valid for example the doctor had to have prescribed some inaccurate medications, made unwarranted surgical mistakes among other things.


Damages were Incurred

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Medical malpractices are taken very seriously by judges, and therefore, you will have to prove that the losses were strong enough to warrant a trial in court. It falls upon you to prove that the doctor’s negligence has directly resulted in physical, emotional, or psychological damages to your person.

In most cases, if the judge determines that the harm done is not severe or fatal, the case will be thrown out of court without any settlement.

When all the conditions listed above are satisfied, it then becomes the duty of the court to award you a befitting settlement to cover the losses and damages incurred as a result of the negligence of your medical practitioner.

Potential Settlement Outcomes

Like many other malpractice cases, a medical malpractice case can get settled outside the courtroom from start to finish. Many medical malpractice cases are usually decided between the plaintiff and the defendant out of the court until a befitting settlement is reached. These trials typically occur between the plaintiff’s lawyers and the defendant’s lawyers or insurance company who move to achieve a potential settlement outcome for the plaintiff, should you deserve it.

Whenever both parties as represented by their lawyers cannot come to a compromise, then, the case moves on the courtroom where a judge or jury looks over the facts of the case and gives his or her ruling which either ends up in your favor or that of the defendant.

How does a Medical Malpractice Settlement Payout Work?

There are options available to receive a medical malpractice settlement pay out with. However, this can only happen when the judge has determined that you’re entitled to one. There are two common ways to receive a medical malpractice settlement.

I - A One-Time Payment

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You can elect to receive your medical malpractice compensation as a one-time payment which is issued as a lump sum that you receive all at once. This payment option is usually a common practice because many plaintiffs typically require large amounts of cash to offset medical or other intensive bills all at once.

II - A Structured Settlement

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You can also elect to receive your compensation as a structured settlement which is spread over several years. This is done to help the plaintiff remain stable financially for an extended period, especially if they have to still cover some continuing medical expenses over a more extended period.

A structured settlement is the best payment plan to use if you have sustained any devastating injuries as a result of your doctor’s negligence. At BH Fast Funding LLC, we have garnered enough experience over the years to help you weave through the complexities of receiving your due compensation for a medical malpractice case.

We will help you sell off a part of all of your settlement proceeds for cold hard cash which you will use to offset other urgent bills. We have a tremendous interest in helping you stay above water and have, therefore brought many options to you, which keeps your finances in the positive light.

It is crucial for you also to know that once you have elected to receive your compensation as a structured settlement, it is tough, although not impossible to reverse the decision. Many judges believe that a structured settlement is the most reasonable option and will suspect foul play should you request a reversal. This is why we are committed to helping you find the best available options at BH Fast Funding LLC.

At Express Funding Of America LLC,

Our customer representatives are available 24/7 every day to help you weigh your available options as against your current choices and help you stay above water financially. You can give us a call today to sell a part of your structured settlement or get the best options for your medical malpractice settlement funds.

We are just one call away today, don’t waste that chance.