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Litigation Funding Blog

Obstructive Hydrocephalus Case Reversed On Appeal

October 3, 2016

Filing a medical malpractice lawsuit can be overwhelming, even in a case that appears cut-and-dry. Even after winning your case the decision may be overturned on appeal and you could end up with nothing. One of the most common causes of medical error occurs not when doctors actually do something, but when they don’t. The most common cases of misdiagnosis occur when costly medical tests are skipped or when data from test results is overlooked or misdiagnosed as a less serious condition than it truly is. When this happens, the damage caused to the patient’s health becomes irreversible, leading to chronic pain, sickness or in the following case, death that could have been prevented.

A man went to the hospital in February 2010 with slurred speech; he was confused and disoriented. It was the fourth and most severe such episode he had experienced in eight months. The man was admitted to intensive care and underwent a CT scan and MRI. The neurosurgeon believed the patient may have been suffering from hydrocephalus, which is potentially fatal. The patient was monitored for 24 hours, at which time the neurosurgeon concluded that the patient did not have pressure or fluid on the brain; the infection that developed had resolved. He was released from the hospital five days later. Three months later, his 11-year-old daughter found him dead in bed. The medical examiner determined that the cause of death was fluid on the brain. He left behind a wife and three young children.

The family filed a medical malpractice lawsuit against the doctor claiming that he should have placed a shunt or drain in her husband’s brain and that he was negligent for failing to do so. The jury agreed and awarded a $4.2 million verdict. The amount was lowered to $1.87 due to state caps. The doctor appealed the decision. The higher court agreed with the doctor stating that the decision was based on insufficient and unsupported evidence and that it should be overturned. Specifically, they stated that the plaintiff failed to prove that the doctor was negligent and that this led directly to the patient’s death.

Most likely, the medical expenses alone left this family financially strapped. When a plaintiff is dealing will the loss of income and mounting unpaid bills, litigation funding can be the emergency cash needed to get through the litigation process, including an appeal. Once case documentation is reviewed and the strength of the case determined, approvals can be available within 24 – 48 hours. No money is owed until the case successfully settles, at which time repayment is made from the proceeds of the case. The most attractive part about lawsuit funding is that if the case is lost, as happened on appeal in this case, repayment is completely waived.

If you have filed, or plan to file, a medical malpractice lawsuit and are represented by an attorney, you may be eligible for medical malpractice litigation funding. For a free consultation or to apply, complete the online contact form or contact Litigation Funding Corporation at 1.866.LIT.FUND. We may have the solution you need to stay financially afloat in hard times.

Misread CT Scans Leads to Woman’s Death

September 15, 2015

In 2012, Maureen Rogers, 71, arrived by ambulance to a local hospital where she complained of stomach pain. She was initially diagnosed with gastritis, but the attending emergency room doctor also took the extra precaution of ordering a CT scan to check for heart abnormalities. The scan results allegedly showed no abnormality.

Rogers was discharged several hours later and was found dead in her home the next day. As a result of her sudden death, an inquest was held and it was discovered that the radiologist failed to diagnose an ultimately fatal heart condition, a dissected aorta. The inquest found there was no reason why the doctor made an incorrect diagnosis and stated in his report that there was no acute abnormality seen in the abdomen or chest. A dissected aorta is clearly seen on a CT scan.

In addition to the stress and grief this family suffered, they would have also been faced with large medical bills for the medical care provided, including paying for the ambulance trip to the hospital and funeral and burial expenses.

A solution for their financial difficulties could come in the form of litigation funding, otherwise known as pre-settlement funding or a lawsuit loan. Litigation funding is an emergency cash advance that allows plaintiffs in financial straits to get back on their feet while they are waiting for their case to be settled or to go to court.

In order to receive litigation funding, the plaintiff and their attorney must first submit the required case paperwork to a litigation funding company for approval. The case outlines all the facts and the suggested amount it may be settled for or what the plaintiff may be awarded in court. Once the application has been approved, the lawsuit loan arrives directly in the plaintiff’s bank account within 24 to 48 hours.

From there, the applicant may use the pre-settlement funding to spend on anything they want. However, most know that paying their immediate medical bills and staying current on all other financial obligations is the smart thing to do. It also makes good sense for them to hold funds for the duration of their wait for justice.

One of the highlights of having that money on hand is the fact that plaintiffs do not have to deal with insurance companies who want them to settle for far less than they could expect in court. Insurance companies are not in the business to settle high. They want to reduce, diminish or dismiss as many claims as possible.

With litigation funding in the bank, the plaintiff can ignore any insurance company overture to settle. Applying for a lawsuit loan is also a very user-friendly process, with service representatives to help every step of the way. They know that when a plaintiff applies for a lawsuit loan, they have been through the wringer and need help. Plaintiffs are treated with great respect and courtesy.

Donated Kidney Useless in Face of Misdiagnosed Terminal Cancer

October 24, 2014

Geralda Mata Rodriguez died of previously undiagnosed, terminal cancer 11 months after a kidney transplant.

Geralda Morales wanted to help her ill grandmother by donating a kidney to her. She was deemed a compatible match, and the operation took place in 2012. They did not know that Rodriguez was dying from terminal cancer that had not been properly diagnosed before the transplant operation.

According to court documents, Rodriguez was admitted to a hospital in 2012, complaining of headaches. Medical checks revealed an elevated blood pressure. A CT scan was ordered, and the radiologist noted the presence of temporal bone irregularities, often a signal of multiple myeloma (a cancer originating in the blood’s plasma cells, or another metastatic disease process).

In February 2012, a kidney transplant was performed to address her health issues. But in August 2012, doctors discovered that Geralda Rodiguez was terminally ill with multiple myeloma. Rodiguez died in January 2013 at the age of 66.

Her granddaughter sought legal counsel and filed a medical malpractice lawsuit, arguing that since her grandmother’s CT scan had suggested cancer, she should never have had the transplant operation.

Morales’ lawsuit alleges that the primary surgeon negligently failed to review her grandmother’s CT scan and sent the duo for the renal transplant operation. Ultimately, the suit suggests that the operation was useless in the face of fatal illness. Morales seeks compensation for physical impairment, loss of earning capacity, physical pain and mental anguish, and funeral and burial expenses.

The Morales family incurred large medical bills to assist a dying family member by donating a life-giving kidney. Had they known her grandmother was terminally ill with other medical issues, Morales may not have donated her organ.

The Morales family may wish to find out as much as they can about litigation funding. A pre-settlement loan is emergency funding sent to an approved plaintiff to help them get back on their feet financially. The lawsuit loan helps them pay their urgent bills, such as the ones from the hospital, and allows them to keep current with their other important financial obligations.

A lawsuit loan is not for everyone, but there are a number of benefits that plaintiffs do find appealing. No credit checks are necessary, and the plaintiff does not need to have a job when they apply. There are no up-front or monthly fees, and if the plaintiff loses his or her case in court, he or she keeps the money – no strings attached.

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