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Litigation Funding Blog

Mistaken Cancer Diagnosis Leads to Mastectomy in Error

August 29, 2017

A New York woman had her left breast removed after a diagnosis of breast cancer. However, the woman’s test results turned out to have been misinterpreted; the woman did not have cancer.

The woman underwent left breast removal surgery and had to deal with a surgical hernia and pulmonary embolism after the operation, only to find out she did not have breast cancer. She had sclerosing adenosis, benign extra breast tissue, and the test results on the lump were misinterpreted.

After her initial diagnosis, the patient was sent to another hospital for surgery — a hospital that had a stated policy that all pathology reports were examined closely prior to major surgery. In this case, the woman’s test results were not reviewed and the operation took place. The surgeon even signed off on a form stating the pathology slides had been reviewed. Post surgical biopsy reports indicated there was no cancer in the breast tissue that had been removed.

Although the surgeon called the patient immediately to explain the error and apologize, the woman filed a medical malpractice lawsuit in the hopes that it would prevent these mistakes from happening to anyone else.

Filing a medical negligence lawsuit is a way to obtain compensation for medical expenses, pain and suffering, and lost wages. Legal action is also a way to hold a medical professional and/or medical institution accountable for negligence.

In cases such as this one, filing a lawsuit is the first step. However, waiting for the litigation process to be concluded may take years. If the injured plaintiff faces financial difficulties and is unable to pay the bills, a “lawsuit loan” may be an option. A “lawsuit loan” is a non-recourse cash advance approved for a plaintiff based on the merits of the lawsuit. That means employment status and credit standing do not matter.

The funds may be used for whatever the approved applicant chooses, although the “lawsuit loan” is typically used to pay immediate and necessary expenses such as medical and household bills, and mortgage payments. In a case of a victory or settlement, the “lawsuit loan” is payed back. Should the plaintiff lose in court, repayment of the pre-settlement funding is excused.

Wrong Testicle Removed During Surgery Leads to Medical Negligence Lawsuit

August 8, 2017

In 2013 a Pennsylvania man went to see a urologist, citing complaints of pain in his right testicle. An ultrasound revealed that the testicle was damaged; surgical removal was recommended.

The patient was booked for surgery, an orchiectomy, to remove the scarred and damaged testicle, to alleviate the pain. The operation went well. However, the surgeon removed the wrong testicle. The mistake left the man with his painful testicle and a fear of seeking further medical assistance. He filed a medical malpractice lawsuit against the hospital and surgeon. Four years later, a jury handed down an award of $870,000 that included $250,000 in punitive damages.

During the trial, when asked about the surgical error, the doctor claimed that the testicles had switched sides at some point, an explanation the jury did not accept. There was no clear reason offered why the mistake happened. The doctor was removed from his position at the hospital.

While operations on the wrong body part are relatively rare, wrong-side, wrong-procedure and wrong-patient errors, are mistakes that never should happen. They also point out serious safety problems.

Coping with this type of life changing event and trying to handle the medical bills while pursuing a lawsuit can be highly stressful. The time gap between filing a lawsuit and an equitable resolution means the plaintiff needs to pay their usual daily expenses and their medical bills while they wait. When faced with overwhelming medical bills, the best solution may be to apply for a “lawsuit loan.”

Litigation funding helps cash strapped plaintiffs to pay usual daily living expenses and extra bills that have arisen due to an injury. Also referred to as pre-settlement funding, the lawsuit cash advance is given to a qualified plaintiff in advance of the potential settlement of their lawsuit. The most important factor in approving a “lawsuit loan” is the strength of the plaintiff’s case.

Once you have hired an attorney, you may apply for pre-settlement funding. Once your case is approved the funding is sent by the quickest method possible within 24-48 hours. You pay only if you win your case. If you do not win, the cash advance is waived.

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