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Litigation Funding Blog

Outpatient Surgery Center Sued for Medical Negligence

February 26, 2014

Several years ago, Charles Belvins filed a medical malpractice lawsuit against a local surgical group after his arthroscopic knee surgery went awry.

Blevins, a banker, needed knee surgery and undewent the necessary procedures at Coastal Surgical Institute in San Luis Obispo. He was assured that the needed repairs would not take long and that he would be home in no time. The arthroscopic surgery went well, but a few days later, he began to experience severe pain in his right knee and to run a fever. The local hospital determined that he had a serious deep tissue infection, and the attending physician prescribed antibiotics.

In October 2010, a month after his knee operation, the surgical center tendered Belvin a check. Later, in court, Belvins stated that the money was in partial payment of his extra costs as a result of the negligence in his treatment. Coastal Surgical, the defendant, stated that the money represented a complete settlement of any claims Blevins may have had against it.

In December 2012, a judge found that the medical center’s negligence was a determining factor in the plaintiff’s severe infection and awarded him $543,034 for lost wages, past and future medical bills and past and future pain and suffering. The finding was based on trial evidence that the equipment used during the plaintiff’s surgery was contaminated with bacteria. The defendant stated that a disinfecting sponge was to blame for the infection, and that they had stopped using that product immediately.

It took more than three years to resolve Belvins’ case in court. Though he remained gainfully employed during that time, Blevins may have struggled to pay the large medical bills for his extended, painful recovery after further, numerous operations, including a full knee replacement. Based on his circumstances, he may have been able to use litigation funding to subsidize his expenses while he waited for his case to go to court.

Pre-settlement funding is an excellent resource for those facing long legal battles for justice. A plaintiff only has to hire an attorney and file an application online (or call a litigation funding company and speak to one of its representatives) to qualify for a lawsuit loan. Once an application has been reviewed and approved, the fast cash lawsuit loan is sent to the plaintiff’s bank account. Plaintiffs may use the money for any need, although most pay medical bills and retain what cash they can to ensure they are financially secure during the wait for their case resolution. Litigation funding offers a major support for cash-strapped plaintiffs, and many find the benefits very appealing.

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