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Litigation Funding Blog

Knowingly Aborting an Abnormal Fetus Poses a Delicate Ethical Issue

December 15, 2014

Brock and Rhea Wuth did not know their child would be born with a genetic defect. In utero tests indicated a 50-50 chance of the baby being normal.

The Wuths, both teachers, alleged that the Medical Center did not send Laboratory Corporation of America the information it needed to look for a genetic defect in the correct location – an oversight that resulted in the birth of a son, now 6 years old, with an IQ of less than 70 who cannot walk. The baby was born in 2008 with unbalanced chromosomal translocation. The problem can result in either missing genetic material or extra genetic material in a person’s DNA.

The result would have been entirely different had the hospital sent the correct information to the lab performing the tests. The couple chose to sue Valley Medical Center and the Laboratory Corporation of America for the wrongful birth of their son. Had they known about the condition in advance, they would have chosen to abort the fetus.

Their court case resulted in a $50 million jury settlement.

Some see wrongful death lawsuits as a travesty in justice and claim they demean and denigrate the value of human life. Interestingly, cases of wrongful birth are on the rise. The justice system often finds for the families who, through no fault of their own, end up facing millions of dollars in lifelong childcare because of a medical error.

The medical expenses the Wuth family faces are enormous, and paying those bills is a never-ending process. While waiting for their case to go to trial, they may have been struggling to keep up with the expenses, wondering how they would manage them in addition to their usual financial obligations. Even with an impaired family member requiring extraordinary levels of care, life must move forward.

The Wuths might have befitted from litigation funding, also referred to as a lawsuit loan or pre-settlement funding. Litigation funding assists plaintiffs in paying for medical expenses along with their mortgage, car loan, student loan, utilities and/or rent.

Applying for a lawsuit loan is a user-friendly process that only involves filling out an application online or filling one out on the phone with a staff member. The applicant must have a lawyer hired to begin the application process, and he or she needs to provide case details and an estimated award figure, calculated by the attorney of record.

Once the litigation funding company has the details of the case, it is reviewed quickly, with any funds approved sent to the plaintiff’s bank account within 48 hours. When the money arrives, the plaintiff may pay medical bills immediately and budget out the remainder for “usual” expenses, knowing they have funds to see them through until their case is resolved.

While litigation funding is not for everyone, it allows many people to know they do not need to worry about how to pay their bills while waiting for justice.

A Cut for Nothing

May 8, 2014

Because patients are usually not in a position to judge the medical necessity of most surgical procedures, they often rely on the advice of a surgeon, often neglecting to obtain a second opinion. These aggressive measures haven’t always made patients healthier; in fact, undergoing unnecessary surgery often times has put patients at risk of infection, additional medical treatment, and other forms of medical malpractice.

The extent of unnecessary surgery has been the object of considerable speculation and sometimes accusation in recent years. According to USA Today report, the scope of the problem is huge, yet remains largely hidden. To date, public attention has been limited to only a few cases.

*A semi-pro baseball player was aiming for the big leagues when a fainting spell sent him to a cardiologist for tests. The man was told without a pacemaker, he may not live to 30. Trusting his doctor, he made the quick decision to have surgery. Months later, when the ex-ball player heard the cardiologist was being investigated for performing unnecessary surgeries, he had another doctor review his case; then two more. All three agreed that the pacemaker was not necessary.

*Lawsuits against King’s Daughter’s Medical Center in Ashland, KY allege that unnecessary procedures were performed on over 500 patients. The suits allege that doctors performed medically unnecessary cardiac procedures, including coronary angioplasty, stenting and coronary artery bypass grafts and pacemaker and defibrillator implantation. These surgeries left patients in physical and emotional pain; some died. The hospital and the other defendants have denied wrongdoing.

*Two patients who suffered heart problems for years were referred to cardiologist, Dr. Arvind Gandhi. Both said Dr. Gandhi strongly encouraged them to get an implant cardiac defibrillator, a device similar to a pacemaker. Over their post implantation care, both patients said they learned the procedure was not necessary and Gandhi was not qualified to do the surgery.

Did you receive an unnecessary heart surgery? If you or a loved one has suffered from an unnecessary surgery, you may be entitled to financial compensation for damages incurred. Contact an experienced medical malpractice attorney to review your case.

Proving that unnecessary surgeries are medical malpractice can be extremely complicated and drawn out. Often times, longer the wait for a settlement, the more financial burden are placed on the innocent victim. In order to wait for justice deserved, but still pay the bills and avoid debt, many plaintiffs will seek financial assistance from a legal funding company.

Applying for litigation funding is quick and easy; all you need is a strong case. With no credit checks, no income or employment requirements, no monthly payments and no up-front fees, approvals can often be made in as little as 24 – 48 hours. Additionally, funding is provided on a no-risk basis meaning you only repay the advance if you win your case. If you lose your case or your case doesn’t settle, YOU OWE US NOTHING!

Why wait? If you are struggling financially while waiting for your medical malpractice settlement, contact Litigation Funding Corp. We are one of the leading and most highly respected legal funding providers in the U.S.

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