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Litigation Funding Blog

Hospital Settles Medical Malpractice Lawsuits for $3.7 Million

January 5, 2021

Hospitals have an influx of people entering, exiting, and checking-in every day. People go to the hospital for different reasons. Emergency rooms see patients with medical emergencies, minor pains and injuries, and when doctors’ offices are closed. Hospitals also contain primary doctors and specialists who see patients as a part of their scheduled doctor visits. Other departments within the hospital include the intensive care unit (ICU), labor and delivery, and the surgical department. Whatever the reason may be that causes a person to go to the hospital, he or she entrusts their health and health care to the trained medical professionals to provide adequate and appropriate care and treatment. When a medical professional fails to meet the legal standard of care, it is medical malpractice.

Three incidents occurring in 2015 and 2017 claim that University of Iowa Hospitals (UIHC) and Clinics (UIHC) and its employees were negligent in the care or treatment of patients. In February 2015, Robert Davis underwent spinal fusion back surgery. He was left with a significant neurological injury, which cause him to become a paraplegic. Also in 2015, Ardeth Wray was diagnosed with a non-cancerous tumor in her brain. The doctor who diagnosed her recommended surgical removal. Wray developed an infection, which required additional surgeries, an ICU stay, and time in skilled care recovery. She suffered a stroke during one of her additional surgeries. In the aftermath, Wray suffered from significant memory loss, vision loss, limited ability to speak, and struggles with most cognitive functions.

The third incident involved the death of Sharon Wiese. On November 12, 2017, Wiese was admitted to UIHC. The staff examined her esophagus, stomach, and small intestine. They placed feeding tube; however, the tube was placed in her esophagus instead of properly placed in her stomach. The hospital gave her feedings while the tube was in the improper location, which caused aspiration pneumonia in her lungs. She ultimately died from the pneumonia.

The family members of the three patients filed lawsuits against UIHC for medical malpractice. Robert Davis and his wife alleged in their lawsuit that the hospital was negligent in performing the spinal fusion and caused his significant neurological injury. He also claimed that facility failed to get his informed consent to perform the back surgery and that the physicians were improper in diagnosing and treating the conditions that arose the back surgery.

Ardeth Wray’s daughters filed a lawsuit on behalf of their mother. They asserted that the doctor recommended surgical removal of a non-cancerous brain tumor even though factors showed there may have been better options. However, the hospital disagreed with this assertion and stated that Wray was given the option of surgery or observation, and she chose surgery after knowing the risk involved. Her daughters also accused the doctor of failing to treat a preoperative bacteria with antibiotics before surgery to reduce the risk of infection during the surgery. They alleged that this failure to treat the bacteria led to Wray developing an infection that has left her with severe disabilities. Her daughters are now her caretakers because she is unable to live independently.

The husband and adult children of Sharon Wiese filed a lawsuit against UIHC after she died from aspiration pneumonia caused by improper placement of a feeding tube. After the staff inserted the feeding tube, they did not perform a x-ray to confirm that the tub was in the correct location. When the hospital restarted her feedings, the contents were going into her lungs instead of her stomach. The lawsuit claims that the hospital and staff breach their standards of care, which led to Sharon’s death.

UIHC agreed to settle the three lawsuits. The hospital agreed to pay the three families a total of $3.7 million for the medical malpractice lawsuits. Out of the total amount, Robert Davis’ lawsuit settled for $1 million. The daughters of Ardeth Wray received $700,000. The remainder of the settlement went to the husband and adult children of Sharon Wiese in the amount of $2 million.

Medical malpractice occurs when a medical or healthcare professional performs an negligent act, wrongful act, or fails to act when they have duty to do so. As a result of the malpractice, the patient suffers an injury. Out of the injury and act, the patient may have damages in which he is entitled to seek compensation. The damages may be economic, such as medical expenses, rehabilitation, and lost wages. Other damages may be noneconomic losses including, emotional distress, loss of enjoyment of life, loss of companionship, mental anguish, and disfigurement.

To seek recovery for the damages arising from medical malpractice, the harmed patient or deceased patient’s family member may file a medical malpractice or wrongful death lawsuit against the medical institutions and the staff involved. Although a party may have a valid lawsuit for medical malpractice damages, he may not have the financial ability to start and continue through the legal process. Rather than forego the lawsuit, the party wanting to file a lawsuit may seek funding for the case.

Litigation funding or a lawsuit loan is financing by a third-party to pay for the costs associated with a lawsuit. Court costs, attorney’s fees, and other expenses are involved in the litigation process. The legal financing allows the plaintiff to seek legal representation based an attorney’s or law firm’s experience and knowledge rather than solely on the cost. The legal funding allow the attorney to handle the lawsuit without worrying if she will be paid. The benefit for the borrower of a litigation loan is that he only repays the loan if the case settles or wins at trial. The third-party financing company assumes the risk that it may not get its money back from the borrower. Although the financing company pays the cost of the lawsuit, it does not have control over the case. It is also not privy to the communication between the attorney and the client.

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.

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.

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