Medical Malpractice

Medical malpractice occurs when a health care professional or provider neglects to provide appropriate diagnosis or treatment, omits to take an appropriate action or gives substandard treatment that results in harm, injury or death to a patient.

Don’t wait any longer if you are currently in a medical malpractice lawsuit. Viking Funds can help you get cash to meet basic living expenses and hold you over until you receive settlement. Medical malpractice lawsuits take time to settle. That means medical bills on top of accumulating expenses. According to Medscape’s Malpractice Report for 2017, the typical lawsuit process takes:

21% less than 1 year
39% 1 – 2 years
30% 3 – 5 years
10% more than 5 years

What is Medical Malpractice?

A medical malpractice lawsuit allows the patient to hold the healthcare professional responsible for their negligence. Medical Malpractice mistakes are the third leading cause of death in the United States yet 89% of physicians surveyed don’t believe the lawsuit was warranted. The most common types of medical malpractice are: failure to diagnose, improper treatment and failure to warn a patient of known risks. Your physician could have missed your diagnosis by not ordering the proper tests, inadequate records, improper or rushed examination. A misdiagnosis can result in improper medications further complicating illness and lost time to treat during earlier stages. There are so many situations and opportunities that is open for medical error and negligence. Anyone could become victim to medical malpractice.

Seek council with a medical malpractice attorney to get the best advice and guidance. Knowing your legal rights from the earliest possible state is vital during this long and costly process.

How do you prove medical malpractice?

• A relationship existed between the patient and medical professional


• The medical professional was negligent; violation of the standard of care


• The injury was caused by negligence


• The injury led to significant damages such as pain, mental anguish, additional medical bills and lost work and lost earning capacity

• Misdiagnosis or missed diagnosis


• Unnecessary surgery or the wrong surgery


• Misreading or ignoring lab results


• Not taking appropriate patient history into account


• Improper medication or dosage


• Failure to recognize symptoms or order proper testing

• Medical malpractice cases must be brought on soon after the injury depending on State’s statute of limitations.


• Special medical malpractice review panels are typically the first step before filing a malpractice lawsuit.


• Special notice requirements to the physical are often required by the State before filing anything.


• Expert testimony is required to verify crucial details of the case and is often required at trial


• Limits on damage awards is often determined by the State.