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Litigation Funding Blog

Patient sues doctor For Malpractice After Nerve Damage In Shoulder From Unnecessary Surgery

August 4, 2015

Gregory Leigh of New Haven, Connecticut, won $4.25 million in his medical malpractice lawsuit filed against his doctor, Daniel Schwartz.

Leigh came to his doctor in 2008 with a large mass in his neck. It was identified as an inflamed lymph node that would require surgery to remove it. At that time, his doctor, Daniel Schwartz, worked for the MidState Medical Group.

The inflamed lymph node was successfully removed in the surgery, however, 58-year-old Leigh sustained permanent nerve damage to his left shoulder during surgery. His disability is so severe that he is unable to work or use his left arm. He has nerve palsy, cannot raise or extend his left arm over his head, suffers from permanent pain and numbness and has a disfigured shoulder and arm. At the time of Leigh’s operation, he was employed as a laborer.

It was revealed during the course of Leigh’s three-week trial that his mass could have been treated by administering antibiotics, and the radical surgery had not been necessary. It was later discovered the mass was caused by Cat Scratch Disease, a bacterial infection that can cause inflammation of the lymph glands.

At the end of the three-week trial, a six-person jury handed down an award that included $500,000 for pain and suffering, $500,000 for loss of enjoyment of life, $1.625 million for future pain and suffering and a further $1.625 million for future loss of enjoyment of life’s activities. The doctor stopped practicing surgery in 2010.

Leigh would have been a good candidate to apply for pre-settlement funding from a litigation funding company. Litigation funding is a lawsuit loan advanced to a qualified plaintiff to allow them to pay their overwhelming medical and other expenses while they wait for a trial or settlement.

The process to apply for a lawsuit loan is very user-friendly and may be done online or by making a phone call and speaking to an intake representative. The plaintiff wishing to apply for a loan must have an attorney-of-record and be able to provide the paperwork the litigation funding company requires to approve pre-settlement funding. Once a plaintiff is approved, their funds may be on the way to his or her bank in less than 24 hours.

Although this may not be an option for everyone, it is appealing to many to help them get out of debt while they wait for their case to be resolved.

Litigation Funding