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Litigation Funding Blog

Surgical Needle Left in Patient Allegedly Led to Bowel Puncture

September 22, 2017

It may be hard to believe that a surgeon could forget medical objects inside of a patient’s body, especially with nurses and anesthesiologists looking on. However, it’s a mistake that occurs more frequently than anyone would ever imagine.

In August 2012, an elderly woman underwent vaginal-prolapse surgery. During the procedure, a surgical needle was mistakenly left inside her body, although it was not discovered until 2 ½ years later.

In a medical malpractice lawsuit, the patient claimed that the needle caused generalized bowel symptoms. The complaint alleged that by 2014 symptoms progressed, leading to severe abdominal pain, nausea, difficulty eating, and weight loss. An imaging study in January 2015 identified the needle, as well as a bowel perforation and diverticulitis. She was treated with antibiotics, and the bowel perforation eventually repaired itself. However, the patient continues to take medication to alleviate her bowel cramping issues.

Experts for the surgeon argued that the needle was free-floating and could not have caused the bowel perforation. It was also argued that the nurses were at fault for improper needle count. However, the jury found the hospital 100 percent liable.

If your surgeon forgot to remove a needle, sponge, or medical tool in your body after surgery, you may be entitled to compensation. To learn about your legal options, contact an experienced medical malpractice attorney. Although monetary compensation can help with damages incurred, waiting until a settlement is reached can be financially devastating for a plaintiff. With limited or no cash flow, plaintiffs usually will have a hard time remaining financially stable; even daily household expenses become a challenge. In times like this, litigation funding can be helpful.

Litigation funding is a cash advance, not a loan. There are no upfront fees or monthly payments, no credit checks, and no employment verification. A lawsuit cash advance is provided based on the strength of your case alone; repayment is made only after the case successfully settles. If the case is lost, the plaintiffs are under no obligation to repay the cash advance.

Simply fill out an online application or call our office toll-free. We will review your case within 24 – 48 hours, and if approved, wire the funds to your account for immediate use. Although the lawsuit cash advance is usually to pay for immediate living expenses and medical expenses, it can be used as you wish until your case settles. Litigation funding is not for everyone, but it can be a very powerful tool to help a plaintiff fight for fair compensation.

Student Jumps Out of Back of Moving School Bus, Dies From Head Injuries

September 15, 2017

A 14-year-old middle school boy died after jumping out of the back of a moving school bus. His legal guardian filed a wrongful death lawsuit against the bus driver and the school district.

On the last day of school, a teen boy jumped out of the back of a moving school bus allegedly attempting to recreate a similar stunt rumored to have been pulled off in 2016. The boy landed on his back and struck his head on the pavement. He died later in the hospital. Witnesses said the bus was traveling at about 40 mph at the time of the incident.

The wrongful death lawsuit alleges negligence on the part of the driver and the school district as the boy talked about his intentions within hearing of the bus driver and school monitor. The suit claims that despite the boy’s stated intentions, the driver did nothing to slow the bus, stop, block the back door or call police. The lawsuit alleges that the bus driver should have done something to prevent the boy from opening the rear bus door and jumping to his death even if he thought the boy was joking. The school superintendent pointed out that there was no record of any students jumping out of a bus, prior to the 14-year-old’s death.

While waiting for this lawsuit to be resolved, the family may need financial assistance to pay their monthly expenses, medical expenses, and funeral and burial costs.

Litigation Funding Corporation knows how important it is to quickly meet the financial needs of plaintiffs struggling to keep up with their financial obligations.

To qualify for pre-settlement funding, a plaintiff requires attorney representation and a strong case. Once the request for funding is received, along with all required documentation from the attorney, a “lawsuit loan” is typically approved with 24 – 48 hours.

If you are involved in a lawsuit, the longer your case goes on, the harder it may be to pay the bills. Do not settle your case purely out of a desperate need for cash, as you run the risk of settling for far less than you may win in court. Litigation Funding Corporation may be able to assist you to get back on your feet financially while you wait for a fair settlement. We do not broker out for funding. Call us today to discuss what litigation funding options may suit you.

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.

Severe Radial Nerve Damage Post Surgery Causes Permanent Damage to Man’s Arm

July 31, 2017

A Florida couple filed a medical negligence lawsuit against a medical facility and a physician, alleging severe radial nerve damage resulting from an operation.

The plaintiffs recounted that the husband fell on November 15, 2015, while at home, and fractured his right humerus. The nature of the fracture required surgery to repair it. According to the court documents filed, the surgeon performing the operation entrapped the husband’s radial nerve beneath the plate used to scale down the fracture. This resulted in permanent and severe damage to the man’s right arm.

The lawsuit further alleges that the doctor and medical facility failed to properly treat the patient’s fundamental condition; failed to suitably train, oversee and supervise medical staff; and failed to execute proper surgical repair in accordance with the injury.

While waiting for a lawsuit to be resolved, the family may need financial assistance to pay their important monthly expenses.

Litigation Funding Corporation understands how important it is to quickly meet the financial needs of plaintiffs struggling to keep up with their financial obligations.

To qualify for a lawsuit cash advance, a plaintiff needs attorney representation and a strong case. Once the request for funding is received with all the required documentation from the attorney, funding is typically approved with 24 – 48 hours.

If you are involved in a lawsuit and unable to work, the longer your case lasts, the harder it is to pay bills. Do not settle for less simply out of a desperate need for cash. Litigation Funding Corporation may be able to assist you to get back on your feet. Our funding comes from our own resources; we never broker out. Call us to discuss your funding options today.

Malpractice Lawsuits Filed Against Midwife with a 30-Year History of Complaints

When serious injury or death results from medical negligence, compensation may be available to help ease the family’s financial burdens, but a medical malpractice lawsuit will take time. For most plaintiffs, a lengthy litigation process brings significant stress and financial concerns, including how to pay household expenses, medical expenses and more.

In 2014, an expectant mother sought out a midwife to oversee her pregnancy and deliver her baby. There was only one midwife in the area that would do home births. She was a licensed practical nurse, had 34 years of practice, and delivered more than 4,000 babies. Despite that experience, something went wrong for this mother-to-be.

A week shy of full-term, the woman passed several fist-sized blood clots. The midwife told her the discharges were normal and there was nothing to worry about, according to a wrongful death lawsuit filed against the midwife. After four more calls to the midwife, the pregnant woman was seen. While under the care of the midwife, the woman continued to bleed and her contractions worsened. By the time the midwife checked the baby’s heart rate, it was no longer detectable. The baby was stillborn.

Sadly, this mother may not have been aware that the midwife has been subject to at least 22 complaints over the course of her career, and the health department determined all but three of them were serious enough to warrant investigation. Two other cases led to lawsuits; one is currently under appeal. Yet, despite her track record, this midwife continues to practice and the state Department of Health couldn’t answer why she has not been barred from delivering children.

The defendant is denying the allegations.

For those that are in a pending lawsuit, they may wish to seek financial assistance through litigation funding.
Although it is often called a “lawsuit loan”, litigation funding is not like a typical bank loan. It is a lawsuit cash advance provided solely on the strength of the case, and does not require a credit check, employment verification, or monthly payments. Additionally, a lawsuit cash advance is only repaid once the case successfully settles. If the plaintiff loses the case, repayment is completely waived.

Litigation Funding Corporation makes the application and approval process quick and easy. We often provide the necessary funds within 24 – 48 hours. To apply, learn more, or request a free, no-obligation consultation, contact us online or toll-free at 248-702-6022.

Negligence May Be the Cause of Woman Death From Gunshot Wound

July 17, 2017

A woman reportedly shot in the chest died as a result of her wound. Her husband is charged with manslaughter.

A Washington man admitted to law enforcement that when he was cleaning his pistol in the kitchen of their home, it fired, hitting his wife in the chest, killing her. After a thorough examination of the scene and the weapon in question, the crime lab ruled that the Glock pistol “functioned reliably” during tests. Those findings, when combined with other information garnered during the investigation led detectives to conclude the husband acted with negligence, resulting in the death of his wife.

As a result of the police report, the prosecutor’s office was asked to charge the husband with a Class B felony or 2nd degree manslaughter. The woman’s adult children filed a wrongful death lawsuit against the husband, alleging the death was not an accident.

Cases like this are not easy for anyone involved. There are a number of legal issues involved as well, making it important for the family to hire an experienced wrongful death attorney.

Once a lawyer has been hired and a lawsuit launched, it may take close to a year or longer for a settlement to be reached. In the meantime, the family may be struggling to pay their bills. Some families turn to “GoFundMe”, but often this is not enough. When financial assistance is needed, but there is no place to turn, litigation funding, also referred to as pre-settlement funding is a viable option.

To be eligible for litigation funding all that is required of the plaintiff is a strong case and an attorney of record. There is no employment verification required, no credit check needed and within 24 – 48 hours of receiving an application, funding may be approved.

Litigation funding is provided on a non-recourse basis, which means the plaintiff makes no payments until the case is settled. Repayment is made from case proceeds. If the plaintiff loses their lawsuit, the cash advance does not need to be repaid.

Surgeon Allegedly Misses Signs of Infection After Routine Gallbladder Operation

June 30, 2017

A well-known folk singer died after a routine gallbladder operation. The singer’s family launched a medical malpractice lawsuit alleging the surgeon missed obvious signs of a postoperative infection.

The statement of claim alleged the singer’s doctor failed to order adequate antibiotics and discharged the patient too soon, despite the fact she had a fever. The plaintiff’s attorney suggested the errors resulted in a preventable death and that if the hospital and physician’s had adhered to the accepted standard of care, the singer would have remained in care. The patient died of sepsis at the age of 55.

During the trial, the plaintiff’s lawyer indicated to the jury that postoperative infection is very common with the type of surgery. The morning the performer was discharged, she had a temperature of 102 degrees, a sign, said the attorney, that should have prompted the doctor to determine the cause of the fever. Additionally, infection should have been of concern to doctor due to the singer’s weight and a lap band which was inserted in her abdomen, factors that increase the risk of infection.

The defense indicated the patient’s blood tests showed a normal white blood cell count and that her fever had come down prior to being sent home. Addressing the accusation that the defendant had not given the singer enough medication to fight her infection, the doctor indicated a growing concern among physicians that the overuse of antibiotics often results in bacteria resistant to most medications.

Many times there is a significant time gap between filing a medical malpractice, wrongful death lawsuit and its resolution or jury award. While the plaintiff is waiting for justice, they still need to pay their usual bills. When confronted with a large bill for medical costs, or faced with the knowledge they may never be able to go back to work, the best solution for the victim may be litigation funding.

A “lawsuit loan” or litigation funding is an emergency cash advance to assist in paying utility bills, usual daily living expenses or bills that have arisen as a direct result of an injury. Pre-settlement funding is given in advance against the potential settlement of the lawsuit. What that means is that litigation funding approvals are given without the victim needing to be employed or subjected to a credit check. The most important factor in advancing a “lawsuit loan” is the strength of the case.

If you feel that you have been the victim in a medical malpractice case, contact an experienced personal injury lawyer to determine your legal rights. Once you have decided to hire an attorney, you may apply for pre-settlement funding. Once your case is approved, litigation funding is sent by wire transfer or overnight mail within 24-48 hours. You pay only if you win your case. If you do not win your lawsuit, the cash advance you received is waived.

Mother of Brain Injured Baby Awarded 33.8 Million in Medical Malpractice Lawsuit

June 16, 2017

A young woman in labor arrived at a medical center in Miami, Florida. She was not considered to be a high-risk pregnancy. However, medical negligence allegedly resulted in physical and developmental injuries to the baby.

According to court documents, for the first 90-minutes of labor, the doctor made a number of bad decisions which allegedly resulted in serious injuries to the baby. The physician failed to act when the baby had a category 3 heart rate, indicating the baby was starving for blood and oxygen and faced a high risk of brain damage or death; did not perform a C-section; ordered staff to restart a drug that strengthens contractions; and spent a significant amount of time outside the patient’s room. One eight-minute absence was allegedly so the doctor could talk to his stockbroker.

The baby was delivered December 2, 2013, with limp limbs and was blue in the face from a lack of oxygen. Although the baby was revived, he had suffered severe brain damage. The baby needs around-the-clock care and will never live a normal life. He cannot speak or sit up without falling over, has cerebral palsy, scoliosis and takes multiple medications every day.

The doctor indicated the mother was not pushing hard enough and refused a C-section. Yet, according to testimony in court by the nurse in charge of the delivery, the doctor altered the mother’s medical records to cover up what he failed to do. It would not be the first lawsuit against this doctor for injuring a newborn.

To deal with the financial obligations during the pending lawsuit, the baby’s mother may wish to apply for a “lawsuit loan.” This is not like a traditional bank loan. This kind of cash advance, or pre-settlement funding, can be provided without risk or other obstacles. In addition, Litigation Funding Corporation is also pleased to offer a free, no-obligation consultation or funding analysis of your case.

Litigation funding, or a “lawsuit loan,” is awarded to a plaintiff solely based on the strength of the lawsuit, not whether the applicant has a job or a good credit rating. If the case looks to be winnable, the request for lawsuit funding will likely be approved and the money sent within 24–48 hours. Repayment of the funds received only happens if the case successfully settles. At that time, the litigation funding company is repaid from case proceeds. However, if the plaintiff loses in court, repayment is totally waived.

Litigation funding can not solve emotional or physical issues, but can significantly lighten the plaintiff’s financial burdens while they are waiting for the lawsuit to be resolved. If you are represented by a medical negligence lawyer and have plans to file, or have already filed a lawsuit, you may be eligible for medical malpractice pre-settlement funding.

The application process is quick and easy online or by giving Litigation Funding Corporation a call toll-free at 1-866-LITFUND.

Worker Death at Deadly Detroit-Area Steel Plant under Investigation

June 7, 2017

A 32-year-old fell to his death May 22 while working at a Michigan steel mill. He was employed by an industrial construction contracting firm that provides various services. It is not clear if the fall happened as a result of a crane collapse. It was the fourth death at the plant in less than four years. The company has eliminated a quarter of its salaried employees and slashed thousands of jobs in Michigan, Pennsylvania, Indiana, Illinois and Alabama.

Although very little has been disclosed about the accident, authorities have said the man fell 20 feet and that city police and fire services were not called because the company has its own emergency response personnel. The State of Michigan’s Occupational Safety and Health Administration (MIOSHA) would only say that an investigation is ongoing and will take several weeks or months to complete.

Workers say the steel company has implemented deep cost-cutting measures that have undermined basic safety. They face grueling work schedules, including seven-day workweeks. The mills are dangerously understaffed; the company has eliminated a quarter of its salaried employees and slashed thousands of jobs in Michigan, Pennsylvania, Indiana, Illinois and Alabama. Overworked electrical and mechanical maintenance crews are too hurried to take precautionary steps that were once standard.

When a worker is killed in an accident, the worker’s estate has the option of filing a wrongful death lawsuit against the employer and any third party responsible. The estate of the deceased must prove: (1) the employer had a duty to its employees and any foreseeable worker on the premise to provide a safe work environment; (2) the employer breached that duty by (for example) failing to routinely inspect the premises or by failing to install proper safety measures; (3) as a result of the breach, the worker suffered an injury; and (4) as a result of the injury, the worker died.

Unfortunately, a wrongful death claim in this tragic accident could take years to wind through the legal process, leaving family members to bear the financial burden until a settlement is reached. When there is little or no life insurance, savings, or other funding sources, plaintiffs may be eligible for litigation funding.

When securing litigation funding, a plaintiff’s desperation for cash is relieved and his/her experienced attorney has the time necessary to obtain full and fair compensation.

Litigation funding is based solely on the merits of the case; credit rating or job status does not matter. The application process is simple and if approved, the lawsuit cash advance can be available within 24 – 48 hours. Upon approval and a signed contract, the funds can be sent within 24 – 48 hours either by wire or by check. The money can be used immediately pay medical bills, funeral expenses, or any other costs associated with the accident and/or to deal with monthly financial obligations. The best part of a lawsuit cash advance is that it’s 100% risk-free. If the case is lost, our clients are under no obligation to repay the cash advance.

If you or someone you love has been injured in a steel mill or other work-related accident, your employer may be liable for your injuries. Contact an experienced attorney to discuss your potential claim. If you are currently in the litigation process for a wrongful death lawsuit and need immediate financial assistance due to medical expenses, loss of wages, funeral & burial expenses, mortgage/rent, and living expenses, contact Litigation Funding Corporation. We provide cost-free, no-obligation consultations. And, remember — we don’t collect a dime unless your case is settled or won. Call us today at 248-702-6022.

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