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Litigation Funding for Medical Malpractice Lawsuits

September 25, 2020

Iatrophobia is a fear of doctors or going to the doctor. Millions of people go to doctor every year with anxiety and worry. Some worry about receiving a bad diagnosis. Others are afraid that the doctor will make a mistake while performing a medical treatment or surgery on them. Unfortunately, circumstances do occur in which the medical professional negligently harms a patient. Such negligence is called medical malpractice.

You may have injuries as a result of a medical worker’s negligence to you. To get compensation for your financial and non-financial losses, you may decide to file a medical malpractice lawsuit. However, lawsuits can be expensive because of court costs and litigation fees. Litigation funding can help cover your legal costs throughout the case. If you need legal financing for your medical malpractice lawsuit, contact Litigation Funding Corporation today at (248) 702-6022 to find out how they can help you.

What is Medical Malpractice?

Medical malpractice is negligence by a medical professional who fails to perform his duties at or above the standard of care required for his occupation, training, and experience. Under Michigan law, the injured party of a medical malpractice claim must state and prove the following:

  • The facts of the claim;
  • The stated of practice or care the medical professional must have;
  • How the medical professional his duty and standard of care;
  • What the medical professional should have done to comply with his professional standard of practice or care; and
  • The medical professional’s breach of duty was the legal cause of injury

What is Litigation Funding?

Litigation funding, also called legal funding, occurs when a third party financing or funding company pay for the cost of your litigation and other legal cost associated with your lawsuit. The third-party financing essentially assumes all the financial risk of a legal case.

The benefit of legal funding is that party in the lawsuit that receives financing, usually the plaintiff, does not have to pay back the financing company out if his own pockets. The funding is like having a lawsuit loan; however, the funding business only get their money back if the plaintiff settles the case or wins at trial. If you hire an attorney, funding goes to her to represent your lawsuit. Although the third-party financing pays for the attorney’s representation, you still control your case. The attorney must work your best interest and communicate your decision to other parties and the court throughout the litigation.

Paying Back Litigation Funding after a Medical Malpractice Settlement or Trial Win

In a medical action, the plaintiff may have damages that the seek compensation recovery. The damages may include:

  • Medical bills
  • Future medical treatment
  • Reconstructive surgery
  • Loss of financial support
  • Loss of consortium

A person that files a medical malpractice lawsuit in Michigan law, may recover two types of damages – economic loss and noneconomic losses. Economic losses are the financial losses the injury party incurs because of the negligent act. They include , medical bills, lost wages, and lost of employment. State law defines noneconomic losses as loss due to pain, suffering, loss of enjoyment or companionship. Such losses at a limitation on how much the injury party can receive. Under state law, the amount for noneconomic losses cannot be more the $280,000 no matter now people are suing the medical professional or facility

Hiring a Litigation Funding Company

If you were the victim medical malpractice and want to file a lawsuit, contact Litigation Funding Corporation today at (248) 702-6022 to find out about your legal funding options and how they can help you cover the cost of your case.

Lawsuit Settles for $46 Million In Favor of The Parents of Child Crushed by a Dresser

September 15, 2020

The moment children are born they began to explore the world around them. From opening their eyes and looking around to walking and talking they are learning about their physical abilities. Proprioception is how the body is able to sense its location, movements, and actions. Such sensory ability is why people, especially children, can move without consciously thinking about their environments. As children grow and test their physical capabilities, they may reach, pull, and climb on items that can tip-over on top of them.

Furniture tip-overs are often occur when large and heavy furniture becomes unbalanced. According to The U.S. Consumer Product Safety Commission (CPSC) report, Product Instability or Tip-Over Injuries and Fatalities Associated with Televisions, Furniture, and Appliances, the main sources of furniture tip-overs include

  • Chests,
  • Bureaus,
  • Drawers,
  • Bookshelves
  • Television stands,
  • Desks

Injuries and fatalities can occur from furniture tip-overs. Approximately ninety percent of deaths due to furniture falling over occur in the home with fifty percent occurring in a bedroom. Many of the injuries and fatalities occur because the furniture was not secured. Children reportedly have more furniture tip-over injuries and fatalities than adults. About every 43 minutes a child in the United States is a victim of a furniture tip-over.

May 24, 2017, two-year-old Jozef Dudek was put down in his for a nap by his father. When his father returned later to check on him, he was found crushed under a 70-pound IKEA dresser. He later died from injuries to his neck that caused him to suffocate. The parents purchased the dresser in 2008, which was voluntarily recalled by IKEA in 2016. The Dudeks said that they never received notice of the recall. The recall of 29 million chests and drawers came after three children died in the previous two years in dresser tip-over accidents. Other dangers of tipping over included having multiple drawers open at the same time and a child opening drawers and trying to climb on them

His parents filed a lawsuit against IKEA for knowing that their dressers had been associated with many injuries and death caused by tip-overs. The lawsuit also alleged that the IKEA failed to take the adequate measures to improve the safety and stability of the dressers. The lawsuit included additional legal claims such as,

  • failure to warn consumers the dressers should not be used without being anchored to a wall
  • intentionally or recklessly failing to redesign the dresser to address the risk of injury or death
  • failure to warn the public of the risk
  • failure to stop the sale of the specific line of dressers

The lawsuit reached a settlement. IKEA agreed to pay the $46 million to the family of Jozef Dudek. The amount is believed to be the largest for a child wrongful death action.

Under Michigan law, a wrongful death action arises when a death of a person or injuries resulting in death are caused by a wrongful act. Products that are defective because of manufacturing or design can lead to death or injuries resulting in death. A product liability lawsuit deals with death or injury to person or damage to property because of the production of a product. Product production includes manufacturing, construction, design, assembly, inspection, warning, instructions, selling, packaging, and labeling. The manufacture or seller of is liable for harm or death caused by a product defect if the plaintiff proves the product was not reasonable safe at the it left the manufacturer or seller and a safer alternative was available to prevent harm without changing the use or desire of the product.

The plaintiff in a products liability case, may seek economic and noneconomic damages the resulting injury or death. Economic damages are the damages that have dollar amount that can be calculated and verified, such as medical expenses, lost wages, loss of future earnings, burial costs, or loss of employment. The noneconomic damages does not have set amount and are emotional and mental damages from the injury or death. They include pain and suffering, mental anguish, disfigurement, emotional distress, or loss of companionship. Michigan law places a cap on the amount of noneconomic damages the plaintiff may recover in a product liability case. The plaintiff may not receive noneconomic damages in an amount greater than $280,000 unless the defect in the product caused death or permanent loss of a vital bodily function. If so, the total amount of noneconomic damages cannot exceed $500,000. However, if the court determines that at the time the of manufacture or distribution of the dresser, the defendant had actual knowledge the product was defective and substantially likely to causes injury, but intentionally disregarded the knowledge, the limitation of damages does not apply.

When the injured party or the deceased victim’s legal representative files a product liability wrongful death lawsuit, the lawsuit must go through the legal process. The case may settle before going to court or may undergo a lengthy trial. Therefore, the resolution of the lawsuit may take place several weeks to years from the date the lawsuit was filed. However, the medical or burial expenses are due regardless the outcome of the case. An option to cover costs during the lawsuit is litigation funding It is a third-party financing that pays the legal costs associated with the lawsuit and assumes the financial risk of a legal case. The plaintiff usually pays the financing company only if the lawsuit settles or wins a trial. “Although the financing company provides the funding, the client still controls the case,” says Daren Monroe of the Litigation Funding Corporation.

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Doctor Surrenders His Medical License Amidst Lawsuits And Regulatory Complaints of Medical Malpractice for Misdiagnosis of Epilepsy In Children

September 9, 2020

Epilepsy is a chronic neurological disease that affects more than 65 million people worldwide. The main symptom presents as recurring unprovoked seizures which can develop in people at any age. Epileptic seizures are common in young children and the elderly. The causes of epilepsy may be known in some individuals while unknown in others. When the cause is known, treatment for the disease may be more successful. The five areas of epilepsy causes are: genetic; structure; metabolic; immune-related; or infection.

Genetic epilepsy occurs when seizures are from a known or presumed inherited or acquired genetic defect or problem associated with epilepsy. Structural epilepsy is based on a distinct, physical cause in the brain that substantially increases the risk of seizures. Metabolic epilepsy causes may arise because there is disruption in how the body uses the food to make energy and affects the normal function of brain cells. When brain inflammation from protein alters the brain and causes seizures, the epilepsy has an immune causes. Medical proof of a brain infection that leads to seizures results in a diagnosis of infection epilepsy.

A doctor may diagnose a patient with epilepsy if he meets one or more of the following medical conditions:

  1. Has at least two unprovoked or reflex seizure more than 24 hours apart
  2. Has one unprovoked or reflex seizure and at least sixty percent probability of recurrence after two unprovoked seizures over the next 10 years
  3. Has diagnosis of an epilepsy syndrome

After diagnosis, many doctors begin treatment by prescribing anti-seizure medication. The dosage and length of treatment is determined on a case-by-case basis. However, side effects may occurs from taking the medication and range from mild (fatigue, dizziness, weight gain) to severe (depression, suicidal thoughts, inflammation of certain organs). Side effects in very young children taking anti-seizure medication can have significant emotional toll on them.

The Center for Disease Control (CD) reports that nearly 500,000 children in the United States have epilepsy. With such a serious diagnosis, parents believe in the education, training, and experience of their doctors and cooperate with their treatment plans. However, situations may occur when a doctor misdiagnoses a child with having a disease she does not have. Therefore, the treatment and medication prescribed are unnecessary and may have caused negative impacts on throughout the life of the child.

In 2008, several hundred lawsuits were filed against Dr. Yasser Awaad for misdiagnoses of epilepsy in hundreds of children. The former Detroit-based pediatric neurologist was accused of misreading tests results and radiology images and then labeling the patients epileptic. The lawsuits also allege that he misread the test for monetary gain for himself and his employer. The legal complaints state that Awaad forced the children to take medical tests multiple times that even though the children did need them.

At the time the lawsuits were filed, many complainants were adults. In 2019, the cases finally went to trial. The court rendered a verdict in one of the cases for $3 million. A majority of the amount was for suffering, distress, and humiliation. Awaad surrendered his medical license and paid a $5,000 penalty.

Sometimes it take many years for a legal case to go to trial or reach a settlement. While awaiting for a court date or settlement conference, the party bringing the lawsuit may still incur legal costs. He also have personal financial obligations that he pay. To cover the cost of the litigation and other costs during a court case or while awaiting the start of the legal process, the person may need financing to cover expenses.

Litigation funding or litigation financing is a third party financing that pays the costs associated with the lawsuits. The third-party funding company assumes a financial risk by financing a party’s legal case because it gets it money back if the party wins the case or reaches a settlement. The party seeking the financing has the benefit of not paying the money back of his own pocket. Daren Monroe of Litigation Funding Corporation, Michigan advises, “Although the litigation financing company pay the legal costs, the attorney works for the client.” He continues, “The client controls the case, and the attorney must communicate only to the client in order to protect and preserve the attorney-client privilege.”

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