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Litigation Funding Blog

Two Hospitals Allegedly Failed to Provide Proper Treatment to Mother and Son

January 30, 2017

Two hospitals allegedly failed to provide proper treatment to a pregnant mother. Her unborn son allegedly sustained severe lifelong injuries that prevent him from being able to stand, crawl or walk.

According to the information filed in this court case, the defendants allegedly failed to provide prudent and proper medical care to the pregnant plaintiff and in failing to do so caused permanent and catastrophic injuries to her baby. The baby, now four years old, is disabled for the rest of his life and will never live independently, requires around-the-clock skilled care, cannot go to school and will not be able to hold a job.

Information submitted in the lawsuit indicated the pregnant mother was having a difficult time with nausea, headaches, dizziness, backaches and possible decreased fetal movement. She was experiencing these multiple symptoms three weeks in advance of her due date and went to her local medical center to be evaluated. She was not assessed, did not receive an ultrasound or have a biophysical profile completed. Instead, she was sent home.

The mother went back to the medical center the next morning where another obstetrician scheduled a C-section for her for the following day. When the baby was delivered he displayed seizures, apnea, poor color and tone. He was transferred to an intensive care unit and stayed there for 12 days. While in the neonatal intensive care unit, it is alleged, staff did not monitor his ventilator settings, which resulted in low CO2 blood levels.

When a loved one sustains serious injuries due to medical negligence, the family may wish to file a medical negligence lawsuit. However, while waiting for the case to move forward, they cannot wait to deal with financial necessities. Litigation funding may be the perfect solution. If the family hires an attorney and files a claim, they are eligible for pre-settlement funding.

A lawsuit loan is a fast cash advance against a pending lawsuit that acts to supplement a plaintiff’s loss of income. The cash advance helps victims cope financially while they wait for fair compensation. Without the pressing necessity of trying to find funds to pay for bills, the plaintiff may wait to have their case resolved and they do not need to settle for less than the potential full value of their case.

Alleged Medical Malpractice Leads to Woman’s Death

January 19, 2017

Patient sues a health care provider after she falls attempting to get to the restroom.

A medical malpractice lawsuit was filed by patient, at a Charleston medical center, Jane Smith (not her real name). The woman who was heavily sedated, woke up in her room, attempted to use the restroom and fell. The fall resulted in disabling and severe injuries that subsequently required two expensive surgeries.

The plaintiff alleged that the medical staff negligently removed additional barriers placed on her bed by her daughter, disconnected the safety alarm and lowered the bed rails. Since the patient was still under sedation the absence of such safety precautions were alleged to be a causative factor in the fall.

According to the statement of claim, the patient was billed for an additional $66,294 for the surgeries required as a result of her fall. The lawsuit alleges that in addition to the medical staff failing to render services and proper care in a safe and prudent manner, the patient also suffered from mental anguish and additional pain.

Filing a personal injury medical malpractice lawsuit may be the means to improve quality of care and safety. However, such lawsuits typically take months to years before a settlement is reached. This is a serious disadvantage for individuals living on a fixed income who do not have extra resources to ensure their case keeps moving forward. Litigation funding may be the perfect solution in a case such as this.

With a lawsuit cash advance, also referred to as litigation funding or pre-settlement funding, plaintiffs can meet their financial obligations and other everyday living expenses. Pre-settlement funding approvals do not require the applicant (plaintiff) to have good credit, make monthly payments or to have a job. Payments are not made until the lawsuit is settled successfully or a jury verdict for the plaintiff is handed down.

Lawsuit loans are considered to be a non-recourse cash advance, which means if the plaintiff loses their case, repayment is waived. With such a significant advantage in favor of the plaintiff, there is no need to settle.

Pressure Sores, Necrotic Penis Contribute to Nursing Home Resident’s Death

September 29, 2016

Donald Shelton died in the Madison Health and Rehabilitation Center as a result of grave injuries. His estate is suing the facility for wrongful death and negligence.

Shelton, who was 78 at the time of his death, was a retired handyman. He had been a resident at the Stanton Nursing and Rehabilitation Center prior to being hospitalized. He was only there for three days when he was sent to Madison Health and Rehabilitation Center, a long-term care center. He arrived at that facility on June 6, 2015.

Shelton subsequently developed great difficulty breathing and sepsis and was sent to a hospital June 14, 2015. He died on the 15th of June. The statement of claim further alleged he was not assisted with oral health or given a bath during his short stay at the care facility.

According to court documents, when Shelton was admitted to the health care facility, it was discovered that he had two serious wounds, one on his right buttock and on his left heel. It is alleged that staff at the long-term care center did not reposition him often enough to halt the damage caused by pressure sores. As a result, when he was admitted, he had two gaping pressure sores that showed bone and muscle, and his genitalia were necrotic and black.

The wrongful death lawsuit states that even though Shelton was only in the care facility for eight days, he suffered a rapid and serious decline in health and that all the multiple named defendants should have provided sufficient, adequate and proper care, nursing services, and dietary requirements. The fact that Shelton was not moved enough or properly cared for is cited as a significant causative factor for emotional distress and the pain and suffering he coped with prior to death.

Mr. Shelton’s family may wish to consider applying for litigation funding to assist them in paying their dad’s medical bills, funeral and burial expenses. There is no cost to apply for a lawsuit loan and no fees charged unless you are successful in winning your lawsuit.

If you lose, you keep the pre-settlement funding. There are no strings attached and you do not pay it back. If you win your case, the fee amount per the terms of your contract is repaid. You get a rebate for early settlement and a fair compromise if the settlement is not what you expected.

With the co-operation of your attorney, you are typically funded within 48 hours or less from the time you put in your application to the time your lawsuit loan arrives in your bank account. Litigation funding may be the right lifesaver at the right time.

Wrongful Death Lawsuit Reveals Worker Partially Scalped, Asphyxiated

September 15, 2016

Francisca Gomez died on-the-job at Crookham Co. Seed. Her hair got caught in a piece of machinery.

According to the documents filed in this wrongful death lawsuit, Gomez was not the first person to have caught their hair in a moving piece of machinery at the seed plant or their clothing entangled in conveyors in other plant locations. One of the workers who previously had their clothing seized by a conveyor belt was Francisca Gomez’s daughter.

Just prior to her death, Gomez was cleaning a seed treater/picking table. As she crawled under the table to clean the area, her hair became wound up in the machine. According to the coroner, she died as a result of being partially scalped, sustaining significant blood loss and traumatic asphyxia.

The lawsuit alleges negligence on the part of the company for not adhering to operating manual instructions for the table that cautioned there were several steps to follow to ensure the safety of workers using the equipment. The instructions said the table was to be disabled and workers given hard hats to complete their job.

Allegedly, Gomez was intentionally not given a hard hat and told to clean the table while the system was operating. Furthermore a post-accident safety assessment revealed several safety concerns, hazards, violations and dangerous conditions.

Other allegations in the statement of claim suggest the employer did nothing to save Gomez and instead ordered others in the same area to keep working. Some were working a few short steps from the body after the accident. The Occupational Safety and Health Administration (OSHA) issued a significant penalty for serious infractions in relation to the death of Francisca Gomez.

The Gomez family would have been faced with unexpected funeral and burial expenses in addition to trying to cope with their usual monthly financial obligations. They may wish to consider applying for a lawsuit cash advance.

A lawsuit loan is cash advanced to you to pay for your attorney. Also referred to as pre-settlement funding, legal funding, case financing or litigation funding, it helps you immediately while your lawyer works on your case to get it to court.

While many people wonder if a lawsuit loan is based on an individual’s credit rating, litigation funding is not based on an applicant’s credit history. The funds are sent to an approved plaintiff to cover legal and other expenses for their personal injury case, provided they have an attorney of record. If your case does not succeed, you keep the lawsuit loan with no strings attached. It’s certainly worth checking out.

Abortion Procedure Gone Awry Results in Wrongful Death Lawsuit

March 28, 2016

This wrongful death lawsuit resulted in a jury award of $3.9 million for the family of Karna Mongar, who died during a botched abortion in 2009.

Mongar, who died at the age of 41, had placed her trust in Dr. Kermit Gosnell to perform a safe dilation and evacuation abortion at what was then his facility, the Women’s Medical Society, in Philadelphia. Gosnell, now incarcerated, was convicted of first-degree murder for the deaths of three babies born alive during other abortion procedures.

The wrongful death lawsuit was filed in the Philadelphia County Court of Common Pleas in 2011. In May 2011, Gosnell was sentenced to up to five years for an involuntary manslaughter charge relating to Mongar’s death.

According to the statement of claim filed in this case, the Women’s Medical Society staff were not certified to perform medical tasks, yet were in charge of giving Mongar a variety of pain medications on the day of the abortion procedure. The drugs administered on three different occasions throughout a five-hour period were diazepam, meperidine and promethazine.

Once the procedure was completed, staff at the Society called for emergency rescue personnel because Mongar’s respiration had slowed down and she had an extremely low pulse rate. Police had to remove a padlock from the emergency exit to allow first responders to take Mongar to hospital. Although she was alive when she arrived at the hospital and immediately put on life support, she passed away several hours later.

Mongar’s family chose to file a wrongful death, medical negligence lawsuit under the Wrongful Death and Survival Acts of Pennsylvania. The suit was seeking compensation for loss of services to three children, a husband and grandchild, as well as damages.

Filing a wrongful death lawsuit would not bring Mongar back, but it would allow the family to move forward, grieve and send a message to others that what happened to Mongar should never happen to anyone else.

Prior to the court award, the family would have likely been struggling to pay for ambulance, hospital, funeral and burial expenses in addition to their own usual monthly financial obligations. One ideal solution for them would have been to seek out information on applying for a lawsuit loan from a litigation funding company.

Pre-settlement funding, also referred to as a lawsuit loan, is fast cash sent to an approved plaintiff to help them pay all of their usual and unusual bills as quickly as possible. Those choosing to apply for pre-settlement funding may call the litigation funding company directly or apply online. Funding representatives are highly trained to help plaintiffs calling for help and feeling like they are at the end of their rope.

Many victims are thankful to have someone listen to them, understand what they are going through and offer them a lawsuit loan based on the facts of their case. Applicants need to have the name of the attorney they are working with and must be able to provide proper case documentation when asked. Once approved, the plaintiff receives their litigation funding in their bank account in less than 48 hours.

Pre-settlement funding is a lifesaver for financially strapped plaintiffs trying to hold on until their case is settled or goes to court. A lawsuit loan brings them peace of mind.

Chicago Surgical Patient Alleges Medical Malpractice During Gall Bladder Surgery

February 29, 2016

Alfred Matthews went to the hospital for a routine gall bladder surgery. During his operation, the surgeon allegedly severed his common bile duct.

Matthews filed a personal injury lawsuit against the hospital Orland Park in Chicago, the surgeon Dr. James O’Donnell and two other named defendants doing business under Advocate Health and Hospitals Corporation. According to the statement of claim, the surgeon severed Matthews’ common bile duct during a laparoscopic procedure, then failed to switch to an open procedure to repair the error. As a result of the alleged medical negligence, Matthews had to submit to additional surgeries to repair the duct. He is seeking suitable compensation to cover the cost of his current and future medical treatments in addition to his pain and suffering.

The medical bills in this case would indeed be very high. The average American does not have access to the hundreds of thousands of dollars the surgeries, hospital time and other procedures demanded. In order to handle such staggering medical expenses while waiting for his case to go to court or reach a settlement, Matthews may find it worthwhile to search online for a lawsuit loan from a reputable litigation funding company.

Pre-settlement funding is fast cash sent to a qualified plaintiff in as little as 48-hours or sooner. It arrives by the fastest method possible and is deposited directly to an applicant’s bank account. A lawsuit loan is emergency funding that allows cash strapped plaintiffs to deal with their medical expenses and usual monthly financial obligations as soon as the litigation funding arrives.

The high stress level of being ill and attempting to recover, combined with no money to pay the bills, is something a plaintiff does not need when attempting to focus on their health. By applying for litigation funding, they can cover their expenses and have the peace of mind of knowing they do not need to deal with avaricious insurance companies who would pressure them to settle early and settle for less than they would likely be entitled to in court.

Restrained By Police With a Dog Leash, Man Stops Breathing

January 23, 2016

Juventino Hernandez was allegedly hog-tied with a dog leash, handcuffed and placed in ankle restraints in 2006 by three police officers. He stopped breathing at a hospital, was revived, but sustained severe brain damage. Hernandez subsequently died from the injuries he sustained on arrest by three city of Clovis officers.

This case is disturbing for the use of a dog leash to tie up the defendant, who may have been having a psychotic episode at the time. The leash was used to stop Hernandez from attacking officers and to stop him from further harming himself.

While held in place on his stomach, he was transported to a hospital where the restraining dog leash was removed. On arrival, staff gave him medication to calm him down, but he stopped breathing. Although he was revived, he had suffered severe brain damage and clung to life in a vegetative state for several months before passing away.

A wrongful death lawsuit was filed.

In situations such as this, where a deceased defendant spent a significant amount of time in hospital, the medical bills would be extremely high. It would be difficult for the family to pay such bills while struggling to stay current on their own financial obligations.

The family might wish to consider applying for a lawsuit loan, otherwise referred to as litigation funding. Pre-settlement funding can be a lifesaver for cash-strapped defendants needing to pay their usual expenses and their extraordinary expenses and attempting to do so on a limited income.

A lawsuit loan, if the applicant is approved, is fast cash sent directly to a plaintiff’s bank account. On its arrival, they may use it to pay those pressing medical bills, funeral and burial expenses and other expenditures related to the care and subsequent death of a loved one.

Applying for pre-settlement funding is easy. It just takes a phone call or a visit to the litigation funding company website and filling out a form. Applicants need to be working with an attorney, file all the proper paperwork and provide as much information as possible to the company before a decision is made.

Plaintiffs find litigation funding to be appealing for a number of reasons. They do not need to have a job when they apply, they are not required to go through a credit check and they do not pay any money upfront or during his or her wait for a trial or settlement offer. If they lose the case, they keep the lawsuit loan. There are no strings attached.

Rear-Ended by 18-Wheeler, Two Women and Baby Die in Texas

December 27, 2015

It is common to see big rigs on Texas highways. It is also common to witness a number of collisions involving commercial trucks and passenger vehicles.

Telesfora Fuentes, Yesenia Resendiz and her 11-month-old baby died in a crash on I-35 when their vehicle was rear-ended by an 18-wheeler. Surviving family members filed a wrongful death lawsuit against the driver of the rig and the trucking company seeking more than $1 million in compensation.

The statement of claim for the lawsuit alleges the trucker, Debra Thompson, slammed into the rear of the Cruz vehicle, causing it to spin out of control. Cruz’s vehicle had apparently sustained a blown out tire and it was unstable on the road. Any vehicle behind the Cruz’s should have seen there was a problem and taken evasive action.

Allegedly, the truck driver, who was working at the time of the accident, was negligent in failing to take evasive action on witnessing the Cruz vehicle on the highway and in not taking the proper actions to avoid an accident, and she failed to operate her big rig in a prudent and reasonable manner. The lawsuit also names her employer, Werner Enterprises, for failing to properly train its truck drivers.

The crash survivors will face enormous costs for three burials and a funeral. Their loss is enormous in more ways than one, and the family left behind will have to struggle to pay their usual expenses as well. One solution that may work well for them is to apply for litigation funding, also referred to as pre-settlement funding — money sent to an approved plaintiff that allows them to take care of all their extraordinary expenses and their monthly financial obligations while waiting for trial.

While a lawsuit loan is not for everyone, many plaintiffs find it appealing because they are not asked to pay anything up front or during his or her wait for a trial or a settlement to be hammered out. Applicants are not required to go through a credit check, do not need to be working when they apply, and should the lawsuit be lost in court, the plaintiff gets to keep the lawsuit loan, no strings attached.

Litigation funding is a fast cash option for personal injury victims who have been hard hit financially as the result of an accident or death.

Carol Saleh Alleges Hospital Misdiagnosed Her Condition, Leading to a Stroke

November 13, 2015

Carol Saleh alleges negligent medical care caused her to sustain a stroke.

NorthShore University Health System (Glenbrook Hospital) and Dr. Steven Meyers are being sued by Saleh for failing to diagnose and treat hypoglycemia in a timely manner, not ordering lab work to determine why her physical and mental status kept changing during her admission and failure to determine the cause of a stroke and to treat the underlying cause in order to prevent further injuries.

According to the statement of claim (Cook County Circuit Court case number 2015L009811), Saleh was a patient at Glenbrook Hospital in March 2014, and in the care of Meyers. Due to the physician not correctly or appropriately treating her for hypoglycemia, she alleges she was the victim of a stroke that that then remained untreated for several hours causing her further pain, anguish and injury and a prolonged stay in hospital.

If a doctor, other medical professionals or a hospital do not properly care for a patient, that individual may have grounds to file a medical malpractice lawsuit. Medical malpractice can take on many forms from misdiagnosis to medication errors and surgical errors to failure to diagnose.

The Saleh family may wish to consider sourcing litigation funding to help them get through the next few months while their case is being prepared to go to trial. Pre-settlement funding is an emergency cash loan sent as quickly as possible to a qualified plaintiff.

The lawsuit loan goes straight into his or her bank account and may be accessed to pay for anything. However, most plaintiffs receiving litigation funding know that it is wise to pay medical bills first and keep the remainder for pay for their normal and usual financial obligations, such as student loans, rent, mortgage and car payments.

Litigation funding is not for everyone, but it is a good option to look into. Being financially strapped while waiting for a trial is enormously stressful and may contribute to deteriorating health consequences for the plaintiff. They have already been through the wringer in more ways than one before they make a call to a litigation funding company, or apply online.

Representatives are highly trained and treat all applicants with respect. A plaintiff wishing to apply for pre-settlement funding needs to be able to provide the required documents for verification of their case and must also provide the name of the attorney he or she is working with to facilitate matters.

This is a no stress process and plaintiffs do not require a credit check, do not need to be working when they make an application, do not pay any money up front or over the term of the lawsuit loan and may keep the money if their case loses in court.

Football Star Beau Orth’s Wrong Level Spine Surgery Ruined His Career

October 21, 2015

Beau Orth, a former University of Nevada, Las Vegas (UNLV) football player, had a promising football career ahead of him until he had wrong-level surgery on his spine — an operation that ended any chances of him ever playing again.

Beau Orth seemingly had a chance at a career playing football and was looking forward to playing professionally. He went in to surgery to treat a herniated disc, which consisted of a micro-discectomy at LS-S1. His doctor told him that surgery was simple and easy and would allow him to play in a few weeks. Orth, who was 21 years old at the time, came out of surgery to discover the surgeon, Dr. Albert Capanna, had operated on L4-5, not LS-S1.

The result was a severe collapse of his disc. His spine was permanently damaged and he would never play football again. He faces the prospect of multiple future surgeries to attempt to correct the damage left behind by Capanna. According to the statement of claim, Capanna had reportedly also conducted a wrong-level surgery on at least one other UNLV football player.

The medical malpractice lawsuit seeks damages and hopes to make a statement that this type of error should never happen to any other players or patients. Medical bills in a situation such as this are staggeringly high, and even though Orth may have earned money from his early football career, it would be difficult to pay off the bills, particularly since he will require several future surgeries.

The ongoing expenses, medications and rehabilitation are going to becostly. Orth may wish to consider applying for pre-settlement funding from a litigation funding company. It is a user-friendly process and an application may be filled out online or by calling the lawsuit loan company directly.

Once the details of the case have been reviewed with the attorney-of-record and the application has been approved, the funds are expedited to the plaintiff, landing directly in his or her bank account in less than 48 hours. Applicants for pre-settlement funding are not required to be working when they apply, are not expected to go through a credit check and do not pay any funds upfront or throughout the duration of the lawsuit loan. They also do not have to deal with any insurance companies seeking to mitigate their losses by trying to get the plaintiff to settle for less than what they may get in court or on settlement.

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