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Litigation Funding Blog

Medical Malpractice Claim Alleges Nude Photos Taken Before Surgery

February 9, 2018

A former Pennsylvania hospital staff member alleges operating room personnel took pictures of her nude while she lay on the operating table for hernia surgery. The patient filed a medical malpractice and invasion of privacy lawsuit.

According to the operating room staff, the pictures were taken as part of a running joke started by the plaintiff who had put fake intestines on her body before the operation. While the patient admits to partaking in the joke, she contends that she did not give permission for pictures to be taken during her surgery.

The explicit naked photos were shown to the patient and other hospital staff by one of the OR scrub nurses, who was subsequently fired. Court documents indicated that this misconduct had happened to other surgery patients in the past.

The lawsuit names the surgeon, the hospital and its chief executive officer as responsible for invasion of privacy and medical malpractice. The plaintiff also alleges medical negligence for using a cellphone during surgery. The state Health Department indicated the hospital was previously cited for violating policy on cellphone use in a sterile area due to the risk of introducing germs.

Filing a medical malpractice lawsuit is one way to obtain compensation for pain and suffering, lost wages and medical expenses. Legal action is also a way to hold medical professionals or institutions answerable for negligence. Waiting for the litigation process, however, may take years. If an injured plaintiff is struggling financially and unable to pay their bills, a “lawsuit loan” may be an option.

A “lawsuit loan,” also referred to as pre-settlement funding, is approved based solely on the merits of the lawsuit. The only requirement when applying is to ensure the plaintiff has attorney representation and provides required documents to assess the case.

The approved funds may be used in any way the plaintiff chooses. However, the lawsuit loan is usually used to pay pressing expenses, such as mortgage payments, rent, household obligations and medical bills. If the case is settled or proceeds to court and results in a win for the plaintiff, the pre-settlement funding is paid back from the proceeds of the settlement. If the case is lost, repayment of the litigation funding is completely waived.

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