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Litigation Funding Blog

Woman Wins $2.7 Million in Medical Malpractice Suit After Missed Breast Cancer Diagnosis

August 29, 2014

In 2011, Jacqueline Ortega went to a women’s health clinic after finding a lump in her breast. She was sent for an ultrasound that revealed two abnormal lesions and a cyst. More than a year later, her surgeon discovered that the disgnosed cyst was actually a dangerous, cancerous mass.

Ortega never saw her ultrasound results, and she was sent to a general surgeon. The doctor informed her about the cyst but did not mention the lesions. She was advised to call if there were any changes to report.

In 2012, Ortega did notice changes and attempted to contact the surgeon, Dr. Marc Adajar. Her symptoms appeared to be consistent with the presence of cancer, yet the surgeon did not mention the possibility and said the changes were the result of an infection. Ortega was slated for surgery in July 2012 to take care of the cyst.

During the operation to remove the cyst, Dr. Adajar could not find one; he instead discovered a Stage IV mass that had metastasized to her lungs. The mass was so large that it could not be removed in its entirety.  

After the surgery, Ortega chose to file a medical malpractice lawsuit, naming the radiologist and surgeon for failure to diagnose cancer. The $2.7 million settlement was completed in April 2014. If the surgeon had properly diagnosed the lesions and cyst/lump in 2011, the plaintiff may have only been a Stage II breast cancer patient and in a state far easier to treat.

Waiting for a trial is nerve-wracking and expensive. Bills still need to be paid, and cancer treatment is notoriously expensive. What can a family short of cash do to deal with all of their financial obligations? 

The best resolution is often to apply for a lawsuit loan from a litigation funding company. Pre-settlement funding is money given in advance of a settlement or trial that can be used to pay necessary and important bills such as the ones for medical care, mortgages, student loans, utilities and rent.

While pre-settlement funding may be used for anything, it is wise to pay the pressing bills and save the rest. 

Litigation funding is not for everyone, but many find its benefits very appealing: no credit checks, no fees to apply, no monthly fees and the ability to keep the funding, with no strings attached, if the case is lost in court.

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