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Litigation Funding Blog

Same-Sex couple file failure to diagnose ovarian cancer lawsuit

November 29, 2013

This medical negligence lawsuit involved the failure to diagnose ovarian cancer.

The settlement in this lawsuit is one of the largest recorded in Illinois, at $3 million for the failure of a doctor to diagnose ovarian cancer in a 49-year-old lesbian. The woman and her partner filed the lawsuit alleging the radiologist at a Chicago hospital identified a complex cyst while completing an ultrasound. The results were sent to the woman’s doctor, with the recommendation that follow-up scans be done within 12 weeks. The follow-up scans were never ordered.

Fourteen months later, the woman was diagnosed with Stage IIIC, small cell cancer. If her doctor had ordered follow-up scans, her initially treatable Stage I tumor would not have grown into a non-curable, untreatable mass. By the time a diagnosis was made, the cancer had spread to her lymph nodes and other organs. She required extensive chemotherapy and aggressive resection surgery. Her survival rate, despite the fact that she is in remission, has diminished significantly, due to the failure to diagnose her cancer earlier.

The attorney for the woman initially filed for just the plaintiff, but amended the filing to include the woman’s partner of 20-years. The pair is married and the partner is entitled to the same benefits other married couples may enjoy under Illinois law.

The couple face daunting medical bills. How would they pay them? One of the things they could have considered was filling out an application to apply for litigation funding. Once approved, they would be eligible for an emergency cash loan to help them with their medical expenses and also provide assistance in handling their day-to-day living expenses.

Pre-settlement funding is not ideal for everyone, but many plaintiffs find the benefits of a lawsuit loan to be very attractive. They do not need to have a job when they apply, are not subjected to a credit check, do not make upfront payments or monthly payments and should their case be lost in court, they get to keep the lawsuit cash advance with no strings attached.

One other major benefit that appeals to victims is that they do not need to deal with insurance companies who want them to settle as fast as they can, and take a lower amount of money than they are likely entitled to from the courts. They can refuse their offers and just wait until their case is settled, or heard in court. They need time to heal, not try and cope with insurance agents who want to close the case as fast as they can. Litigation funding is a very viable alternative if you have a cash crunch situation and need money to survive until your case is wrapped up.

Orthopedic surgeon leaves patient a paraplegic

November 6, 2013

A South Carolina orthopedic surgeon leaves a patient a paraplegic. Jury awards one of the largest judgments in the state for medical malpractice.

The Green family of Myrtle Beach, South Carolina was awarded $2.85 million in a medical malpractice case where a surgeon re-routed Randy Green from a pre-operative waiting area to get a CAT scan, even though Green’s vital signs were not stable.

Green sustained severe injuries in a car accident in 2004, including severed arteries. He was taken to the hospital for surgery. While being prepped, the surgeon ordered a CAT scan. The resulting half hour delay, when the man’s blood pressure was 72 over 56 and considered dangerous, sent Green into cardiac and respiratory arrest. He was brought back to life by an E.R. doctor and anesthesiologist. However, by then, a portion of the man’s spinal cord had died, leaving him paralyzed from the waist down.

At trial, even expert medical witnesses on behalf of the surgeon agreed the patient should not have been taken for a CAT scan with a blood pressure reading that low. When the patient had a heart attack, his body went without oxygen for up to eight minutes and 27 seconds. The end result was the jury agreeing that the medical negligence in this case was life-altering and egregious.

The Green family may not have known about litigation funding; an emergency lawsuit cash advance that could have helped them cope financially while waiting for their case to go to trial. Pre-settlement funding is for qualified plaintiffs that apply for a lawsuit loan, after they have hired a lawyer to handle their case. In just minutes, an application may be filled out, online or by phone. Once this is done, the application is reviewed and if approved, the litigation funding is sent directly to the plaintiff’s bank account within 24 to 48 hours.

The funding is most often used by plaintiffs to pay for medical bills, but it is also available for them to pay their recurring financial obligations, such as student loans, car payments, rent or the mortgage. While a plaintiff with pre-settlement funding is waiting for their case to be heard, they may turn down any overtures from insurance companies chasing them to settle quickly and for less cash than they may be awarded in court.

While litigation funding is not necessarily for everyone, it is worth checking out, as it may be just the right kind of lifesaver needed when you need it the most.

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