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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.

Alleged Negligence Leads to Death of Patient at Drug Treatment Facility

March 22, 2017

A Pennsylvania woman filed suit against a drug treatment facility and its personnel alleging negligence in the treatment of her drug addicted 43-year-old husband.

On admission to the drug addiction center, the patient was given a cocktail of 17 drugs to assist in the withdrawal process, including: Subutex, Phenobarbital, Vistaril, Librium, Tylenol, Serax, Folic Acide, Prilosec, Colase, Catapres, Cymbalta Bentyl, Abilify, and Albuterol.

During his stay at the clinic, the patient complained of withdrawal symptoms, and the physician diagnosed alcohol, opiate, benzo and cocaine dependence. He was given Subutex, and several other drugs at that time, which are known to be respiratory depressants. The patient was found dead in his room later in the day on January 9, 2015. Although CPR was attempted, he never regained consciousness and died shortly thereafter.

The Pennsylvania drug addiction center and two doctors were named in this medical negligence lawsuit filed by the decedent’s wife, the administratrix of his estate. According to the statement of claim, the deceased voluntarily entered the drug addiction treatment center to seek help. The man was screened by staff prior to admission, a process that included obtaining a detailed mental and physical health history, a psychosocial assessment and a complete physical.

The plaintiff alleged that during the admission process, the defendants were alerted or should have become aware that the deceased had physical and psychological problems. The deceased was addicted to alcohol, heroin and crack cocaine. In addition, he had a long history of anxiety, depression, asthma, tachycardia, bipolar disorder and vocal cord dysfunction.

The plaintiff further alleged her husband’s death was caused by the collective negligence of the staff and medical personnel at the drug treatment facility. The plaintiff is seeking personal injury damages.

Cases such as this one may take months or years to be resolved and even when a resolution is reached, settlement monies may be delayed, creating financial difficulties for the plaintiff. Insurance companies are reluctant to write a settlement check. In a situation such as this, reach out to Litigation Funding Corporation and ask about a lawsuit cash advance.

Lawsuit funding is not only used during trial litigation, but it is also used when a plaintiff’s case is pending an appeal or they are waiting on a settlement check. A lawsuit cash advance is not to be confused with a loan. Repayment is contingent on receiving a settlement. If the plaintiff loses the case, any repayment is waived.

Medical Malpractice Lawsuits Ends with 1.2 Million Award

February 24, 2017

A woman in severe pain went to the emergency room at her local hospital. While moving to an exam room she stated she was dizzy and needed to stop. The resident assisting the woman walk left to find help. The woman fainted and fell, seriously injuring her neck and elbow.

Subsequently, the woman filed a medical malpractice lawsuit alleging the hospital had deviated from accepted medical practice when she was allowed to walk and when the resident left her when she stated she was dizzy. As a result of the fall, the woman required surgery.

According to defense counsel the woman’s vital signs and examination on admission were considered to be normal and that her fainting was an unforeseeable event. Given the fact that she appeared to be normal, the resident had acted reasonably in letting her walk and then leaving her to go find help when she stated she was dizzy.

The trial jury found the hospital was not negligent in allowing the plaintiff to walk, but was responsible for leaving her alone when she stated she was feeling faint. The award was $1.2 million, with $600,000 earmarked for damages for past pain and suffering and $100,000 for future pain and suffering, plus other related medical costs.

Prior to filing a lawsuit, most individuals think it is a straightforward matter, which is usually not the case. Getting a lawsuit through the legal system typically strains a plaintiff’s finances. One option to cope with the mounting expenses is to apply for pre-settlement funding. A lawsuit loan, also known as pre-settlement funding, is a non-recourse cash advance to qualified plaintiffs to help them pay bills and other expanses. It also allows the plaintiff’s attorney-of-record the time to achieve a fair and full settlement.

There are no upfront fees, no credit checks, no employment verifications and no monthly fees. Funding is based solely on the strength of the case, with repayment once the case successfully settles. If the case is lost, the repayment is waived.

In order to apply for a lawsuit loan, the first step is to retain an attorney. Once that has been done one of our funding specialists can help you understand the litigation funding process and whether it is right for you. Once case documentation arrives from your attorney, we determine if the case has merit. If approved for litigation funding, the cash can be available within 1-2 days of signing the contract.

Surgeon with Parkinson’s Accused of Gross Malpractice

February 20, 2017

An Iowa neurosurgeon was accused of gross malpractice.

The surgeon in question in this case was accused of “gross malpractice” by state regulators. The Iowa Board of Medicine filed charges against him in 2015. Those charges included his alleged inappropriate management of leaking spinal fluid for post-recovery patients, his failure to prevent an excessive number of infections and failing to have another physician care for his patients when he was not available.

As a result of the findings by the Board and a diagnosis of Parkinson’s disease, the 50-year-old physician stopped performing surgery but continues to offer other services such as consultations, independent medical exams and medical record reviews. He also repaid a sum of money he had been overpaid for services, which was allegedly due to an office billing error.

Not all states recognize the concept of gross negligence. Those states that recognize gross negligence define it as “substantially and appreciably more unreasonable behavior than ordinary negligence.”

When a finding of gross negligence is determined, it has an impact on plaintiff’s damages. If a plaintiff proves a defendant was grossly negligent, they may be entitled to additional damages — either enhanced compensatory damages or punitive damages.

If a patient of this surgeon decided to file a lawsuit citing gross medical negligence, the case could take a long time to get to court or to be settled. The plaintiff would need financial resources to deal with the medical bills and their usual monthly obligations. One solution might be to apply for pre-settlement from a litigation funding company.

An application for pre-settlement funding means a plaintiff must be working with a lawyer on a case with a good chance of winning in court. The plaintiff does not need to be working when they apply and does not need to have a credit check done. Once the case has been assessed, funds are wired directly to the plaintiff’s bank account within 24 to 48-hours by the fastest route possible.

Lawsuit loans are not for everyone, so discuss your needs with a litigation-funding representative. The representatives at Litigation Funding Corporation are experts in their field and treat all enquiries with great respect.

Patient Alleges Negligence During Surgery Cause Esophagus Injury

January 3, 2017

While the use of a flexible probing tool during surgery is supposed to reduce injuries, there is still the risk of errors, leading to complications, injury, even death if gone undetected. For example, if the esophagus is perforated during a medical procedure, the contents of the esophagus can collect in the chest area, resulting in a serious infection requiring surgery to repair the hole. If undetected, it could result in serious injury or death.

Any delay or failure to provide the appropriate standard of care could be grounds for a medical malpractice lawsuit. Compensation may be available for medical expenses, loss of wages, pain and suffering and other damages.

A man recently filed a medical malpractice lawsuit alleging he was injured during surgery in December 2014 at a Veterans Affairs hospital in California. According to the lawsuit, the plaintiff holds the surgeon and hospital responsible for negligence during surgery that caused esophagus damage that went undetected for two weeks. The plaintiff seeks general damages, medical expenses, all legal fees and any other relief as the court deems just.

While waiting for their case to settle, the plaintiff could be facing financial issues in which litigation funding could help. This lawsuit cash advance is often the answer to difficult situations where a plaintiff is between a rock and a hard place without sufficient funds to handle unexpected medical bills and ordinary living expenses such as the rent/mortgage, groceries, utility bills, etc.

Receiving a lawsuit cash begins with completing an online application. Next, one of our professional staff members will request case documentation from the plaintiff’s attorney. Once the application has been reviewed, if the case is approved for funding, we will prepare a contract for signature by the plaintiff and his/her attorney. Funds will then be sent via overnight mail or wire transfer.

There are no applications fees, no credit check and no employment requirements required. Because there is no need for a credit check, the plaintiff’s credit remains intact. But, the most appealing benefits of litigation funding is that there are no monthly payments and if the case is lost, the cash advance does not need to be repaid.

If you believe you or a family member has been seriously injured from medical malpractice, medical error, or neglect by a doctor, hospital, nurse, clinic, nursing home or other health care provider, you may have a grounds for a medical malpractice lawsuit. Once your lawsuit is filed by an attorney, if you need financial assistance, contact Litigation Funding Corporation. We may have the mechanism you need to pay your bills, keep your credit standing, and fight for your rights.

Family Accuses Chicago Hospital of Negligence Resulting in Death

December 21, 2016

A deceased man’s family has filed a wrongful death claim against a Chicago hospital, alleging negligence in medical care.

The suit alleges that the hospital failed to properly diagnose and treat a stroke the man suffered in December 2014, which allegedly resulted in respiratory failure, aspiration pneumonia and cardiac arrest a month later. The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount greater than $50,000 plus court costs.

Moving forward after the death of a loved one is emotionally and often times, financially draining especially as a result of medical negligence. Filing, fighting, and winning a medical malpractice case is a complex process that can take a long time before it goes to court and/or culminates in a settlement or award. No one has limitless financial strength; victims may be living paycheck to paycheck or drowning in medical expenses, funeral expenses, and other financial obligations.

Litigation funding allows plaintiffs the ability to wait for a fair settlement without the financial pressure to settle too early for too little. A lawsuit cash advance is provided on a non-recourse basis which means that if the plaintiff loses the case, repayment of the advance is mull and void. We only get paid back when and if a successful recovery on the case is made.

Litigation Funding Corporation can’t bring back your loved one but, we can help put an end to your financial worries while you wait for your lawsuit to settle. The process for obtaining funding is as simple as filling out an online application or calling Litigation Funding Corporation toll-free at 1.866.LIT.FUND. Once we receive your application and case documentation, our underwriters will evaluate the case and if approved, provided funding within 24 – 48 hours. We require no credit checks or employment verifications, and there are no monthly payments. Call us today to learn more.

Woman Files Medical Malpractice Suit Alleging Catheter Was Misplaced

December 1, 2016

Patients place their trust in the hands of healthcare professionals every day. When a negligent or reckless action by a healthcare provider causes a patient serious harm, the wrongdoer should be held legally liable for compensation to the victim. The process begins with hiring an experienced medical malpractice attorney.

A woman recently filed such a claim after she allegedly suffered severe injuries because medical staff members failed to recognize that they had improperly placed a catheter inside her body, then failed to detect and diagnose the improper placement. The lawsuit alleges that as a result of the medical error, the patient suffered severe and permanent injuries, including but not limited to vascular and internal injuries resulting in pain and suffering, mental anguish and further medical expenses. She requests a trial by jury and is seeking damages in excess of $50,000.

Verdicts in favor of injured medical patients often lead to protocol changes and new regulations that may prevent similar injuries from happening to others. Successful claims may also provide compensation that can help recovering victims meet the financial costs associated with their injuries. But, such cases take time – often years. Those seeking financial assistance during this time may want to consider litigation funding.

The main purpose of litigation funding is to prevent financial distress cause a plaintiff to settle a valuable case too soon, for too little. Plaintiffs seeking funding should first contact his/her attorney, as he/she is an important part of the process. Case records, provided by the attorney, must be reviewed by Litigation Funding Corporation in order to qualify for a cash advance. Next, is completing a brief application. This can be done online in less than five minutes. There are no credit checks or employment verification required. Best of all, there are no payments until the case successful settles, at which time we are repaid from the proceeds of the case. Because Litigation Funding Corporation assumes all the risk, if the case is lost the repayment is completely waived.

If you are in a pending lawsuit and struggling to make ends meet financially, you owe it to yourself to consider litigation funding. Call or visit Litigation Funding online; we can approve your application quickly and get you the cash you need within 24 – 48 hours.

Plaintiffs In A Tight Spot Financially Often Consider Lawsuit Funding Against A Medical Negligence Claim

October 26, 2016

Misdiagnosis and failure to diagnose are two of the most common issues in medical malpractice. As a result of a missed diagnosis you can became gravely ill and your condition can significantly deteriorate, resulting in a more serious condition or death. To prevail in a medical malpractice lawsuit, you must demonstrate that the medical professional’s negligence resulted in your injury. To initiate a claim, it is important to consult an experienced attorney.

While waiting for your lawsuit to make its way through the legal system, you will most likely still have medical bills to pay. You may also face other financial constraints. Life does not stop because you’re involved in a lawsuit and it does not wait for a settlement to be reached. If you simply cannot endure a long litigation process, you may wish to apply for lawsuit funding.

Lawsuit funding is cash “now” to cover your living and other pressing expenses while you wait for your case to be resolved. There are no up-front fees and no risk. If you lose your case, you are under no obligation to repay the cash advance. There is also no convoluted application process to get approved. If you have attorney representation and a strong case, you are already eligible for lawsuit funding. The application takes less than five minutes, and we do the rest. This type of financing is not provided against assets; rather it is against the potential settlement of the case. That means there is no need for a credit check or employment verification. You could receive financial assistance within 24 – 48 hours.

Lawsuit funding may not be the ideal solution for everyone, but it is worth considering if you are in a tight spot financially due to a medical misdiagnosis claim that may not be on the same timeline as your finances, Litigation Funding Corporation may be able to help combat mounting bills during a potentially long legal battle.

Lawsuit Alleges Medical Negligence Caused Elderly Woman’s Untimely and Wrongful Death

October 23, 2016

Are you involved in a wrongful death lawsuit or waiting for an expected settlement award? Do you need short term cash to pay your present-day bills or living expenses? Call Litigation Funding Corporation. We may be able to help you leverage your expected settlement with a lawsuit cash advance.

A Texas woman is seeking $5 million in a wrongful death lawsuit against a healthcare provider alleging negligence in the death of her elderly mother.

The 75-year-old woman was admitted to the hospital in August 2015 for symptomatic anemia (shortage of iron), acute gastritis (inflammation or swelling of the stomach lining), COPD exacerbation (shortness of breath) and mild hypokalemia (a low potassium level). After five days, she was discharged, but readmitted eight days later due to shortness of breath. During those eight days, she gained 15 pounds, despite a decrease in appetite, and also showed signs of swelling in her extremities, according to the lawsuit.

The patient was prescribed Lasix to treat fluid retention. If the medication didn’t work, she was to undergo a procedure to remove excess fluid from her chest. According to the suit, the woman did not receive the dosage recommended by the pulmonologist, causing her to suffer dangerous levels of fluid retention. She was transferred to another hospital, but during the transfer another discrepancy occurred in the Lasix orders, according to the claim. At the second hospital, the woman suffered respiratory distress. Despite continuing problems and abnormal lab results, doctors were not notified and her medication was not changed. She was found unresponsive Aug. 28, 2015 and was later pronounced dead.

The lawsuit contends the “volume overload of fluid retention caused her increasing respiratory distress” and made her gain 30 pounds in 18 days. “Left untreated, these conditions caused cardiac arrest and untimely and wrongful death,” the lawsuit states.

There are no words to justify the loss of a loved one caused by the negligence of someone else. A wrongful death lawsuit won’t bring back a loved one, but it can hold the wrongdoer accountable. Reaching a settlement may take years, creating financial hardship for the plaintiff. Litigation funding ensures that your expenses are covered in the interim. Without the pressure to settle, your attorney has time to obtain just compensation.

We know you have a choice of litigation funding companies and are happy to assist you in your time of need. To obtain a lawsuit cash advance in the quickest and easiest way, complete our online contact form. One of our funding representatives will contact you immediately and start the process. Then, we will contact your attorney for case documentation and make a funding decision within 24 – 48 hours. There are no monthly payments; repayment is made directly from the proceeds of the case. If you lose your case, you are not obligated to repay the cash advance.

Lawsuit Alleges Doctors Wrongly Prescribed Medication That Led To Woman’s Death

October 10, 2016

According to a 2006 study, medication errors harm approximately 1.5 million people in the United States every year. Medication errors can occur in many ways, such as if the doctor prescribes the wrong medication, the patient is harmed by a medication that was prescribed to treat a misdiagnosed condition, or the patient is given too much or too little of the drug. Side effects or damage may go undetected for months, even years. If the healthcare provider has failed to provide the accepted standard of care resulting in serious harm or death, the victim, or the family of a deceased loved one, should seek legal counsel to determine his/her rights.

A wrongful death lawsuit was recently filed by the family of a woman who allegedly died after taking medication prescribed by her doctors. According to the lawsuit, doctors failed to properly evaluate the woman’s condition and evaluate her medical history before prescribing Fluconazole, a medication that is used to treat fungal or yeast infections in the body. The complaint states that as a result, the woman suffered serious injuries, which led to severe deterioration in her health and ultimately her death. The lawsuit seeks damages greater than $50,000.

Although no amount of money can bring back their loved one or make up for the pain and suffering they have endured, this family has the right to be compensated. Unfortunately, receiving just compensation can take years, time which is often a financial burden for plaintiffs faced with medical and/or funeral and burial expenses. When a plaintiff does not have the financial resources to wait for justice, litigation funding is a great resource to see the case through to a fair and equitable settlement.

Litigation funding is a cash advance against the proceeds of a case. Without this option, desperate plaintiffs are often forced to settlements too soon, for too little. A plaintiff is eligible for funding once he/she has attorney representation. The next step is to complete an online application or call Litigation Funding Corporation. We will then request case documentation from the plaintiffs’ attorney to determine its strength and the funding amount. Approvals are typical provided within 24 – 48 hours because we do not need a credit check, employment verification, or collateral in order to fund a case. Best of all, there are no payments until the case settles, at which time we are repaid from the proceeds of the settlement. If the case is lost, the plaintiff is under no obligation to repay the cash advance.

To learn more or to apply for litigation funding, contact the legal funding experts at Litigation Funding Corporation.

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