Litigation Funding Blog
September 22, 2017
It may be hard to believe that a surgeon could forget medical objects inside of a patient’s body, especially with nurses and anesthesiologists looking on. However, it’s a mistake that occurs more frequently than anyone would ever imagine.
In August 2012, an elderly woman underwent vaginal-prolapse surgery. During the procedure, a surgical needle was mistakenly left inside her body, although it was not discovered until 2 ½ years later.
In a medical malpractice lawsuit, the patient claimed that the needle caused generalized bowel symptoms. The complaint alleged that by 2014 symptoms progressed, leading to severe abdominal pain, nausea, difficulty eating, and weight loss. An imaging study in January 2015 identified the needle, as well as a bowel perforation and diverticulitis. She was treated with antibiotics, and the bowel perforation eventually repaired itself. However, the patient continues to take medication to alleviate her bowel cramping issues.
Experts for the surgeon argued that the needle was free-floating and could not have caused the bowel perforation. It was also argued that the nurses were at fault for improper needle count. However, the jury found the hospital 100 percent liable.
If your surgeon forgot to remove a needle, sponge, or medical tool in your body after surgery, you may be entitled to compensation. To learn about your legal options, contact an experienced medical malpractice attorney. Although monetary compensation can help with damages incurred, waiting until a settlement is reached can be financially devastating for a plaintiff. With limited or no cash flow, plaintiffs usually will have a hard time remaining financially stable; even daily household expenses become a challenge. In times like this, litigation funding can be helpful.
Litigation funding is a cash advance, not a loan. There are no upfront fees or monthly payments, no credit checks, and no employment verification. A lawsuit cash advance is provided based on the strength of your case alone; repayment is made only after the case successfully settles. If the case is lost, the plaintiffs are under no obligation to repay the cash advance.
Simply fill out an online application or call our office toll-free. We will review your case within 24 – 48 hours, and if approved, wire the funds to your account for immediate use. Although the lawsuit cash advance is usually to pay for immediate living expenses and medical expenses, it can be used as you wish until your case settles. Litigation funding is not for everyone, but it can be a very powerful tool to help a plaintiff fight for fair compensation.
August 29, 2017
A New York woman had her left breast removed after a diagnosis of breast cancer. However, the woman’s test results turned out to have been misinterpreted; the woman did not have cancer.
The woman underwent left breast removal surgery and had to deal with a surgical hernia and pulmonary embolism after the operation, only to find out she did not have breast cancer. She had sclerosing adenosis, benign extra breast tissue, and the test results on the lump were misinterpreted.
After her initial diagnosis, the patient was sent to another hospital for surgery — a hospital that had a stated policy that all pathology reports were examined closely prior to major surgery. In this case, the woman’s test results were not reviewed and the operation took place. The surgeon even signed off on a form stating the pathology slides had been reviewed. Post surgical biopsy reports indicated there was no cancer in the breast tissue that had been removed.
Although the surgeon called the patient immediately to explain the error and apologize, the woman filed a medical malpractice lawsuit in the hopes that it would prevent these mistakes from happening to anyone else.
Filing a medical negligence lawsuit is a way to obtain compensation for medical expenses, pain and suffering, and lost wages. Legal action is also a way to hold a medical professional and/or medical institution accountable for negligence.
In cases such as this one, filing a lawsuit is the first step. However, waiting for the litigation process to be concluded may take years. If the injured plaintiff faces financial difficulties and is unable to pay the bills, a “lawsuit loan” may be an option. A “lawsuit loan” is a non-recourse cash advance approved for a plaintiff based on the merits of the lawsuit. That means employment status and credit standing do not matter.
The funds may be used for whatever the approved applicant chooses, although the “lawsuit loan” is typically used to pay immediate and necessary expenses such as medical and household bills, and mortgage payments. In a case of a victory or settlement, the “lawsuit loan” is payed back. Should the plaintiff lose in court, repayment of the pre-settlement funding is excused.
July 31, 2017
When serious injury or death results from medical negligence, compensation may be available to help ease the family’s financial burdens, but a medical malpractice lawsuit will take time. For most plaintiffs, a lengthy litigation process brings significant stress and financial concerns, including how to pay household expenses, medical expenses and more.
In 2014, an expectant mother sought out a midwife to oversee her pregnancy and deliver her baby. There was only one midwife in the area that would do home births. She was a licensed practical nurse, had 34 years of practice, and delivered more than 4,000 babies. Despite that experience, something went wrong for this mother-to-be.
A week shy of full-term, the woman passed several fist-sized blood clots. The midwife told her the discharges were normal and there was nothing to worry about, according to a wrongful death lawsuit filed against the midwife. After four more calls to the midwife, the pregnant woman was seen. While under the care of the midwife, the woman continued to bleed and her contractions worsened. By the time the midwife checked the baby’s heart rate, it was no longer detectable. The baby was stillborn.
Sadly, this mother may not have been aware that the midwife has been subject to at least 22 complaints over the course of her career, and the health department determined all but three of them were serious enough to warrant investigation. Two other cases led to lawsuits; one is currently under appeal. Yet, despite her track record, this midwife continues to practice and the state Department of Health couldn’t answer why she has not been barred from delivering children.
The defendant is denying the allegations.
For those that are in a pending lawsuit, they may wish to seek financial assistance through litigation funding.
Although it is often called a “lawsuit loan”, litigation funding is not like a typical bank loan. It is a lawsuit cash advance provided solely on the strength of the case, and does not require a credit check, employment verification, or monthly payments. Additionally, a lawsuit cash advance is only repaid once the case successfully settles. If the plaintiff loses the case, repayment is completely waived.
Litigation Funding Corporation makes the application and approval process quick and easy. We often provide the necessary funds within 24 – 48 hours. To apply, learn more, or request a free, no-obligation consultation, contact us online or toll-free at 248-702-6022.
May 30, 2017
A jury recently awarded a Colorado couple $14.9 million in a medical malpractice lawsuit.
The lawsuit alleged that an outpatient surgery center was negligent in administering a steroid to the patient. As a result, the woman suffered paralysis from the waist down. She is unable to walk and will require around-the-clock care for the rest of her life.
According to the complaint, the steroid injection was administered despite a warning label stating in bold, block letters that the steroid was “not for epidural use.” The warning label was added in 2011 at the request of the drug’s manufacturer, and was approved by the U.S. Food and Drug Administration. The label also had additional warnings stating that adverse neurological reactions may occur if the drug is administered by an epidural, including spinal cord infarction and paraplegia, which is exactly what happened to the woman.
The jury awarded the victim approximately $1.7 million in past and future medical expenses; $3.2 million in unspecified economic damages; and $6.5 million in past and future non-economic damages such as pain and suffering. Her husband was awarded $3.5 million in past and future non-economic damages for loss of consortium, according to the verdict.
This verdict is a prime example of how big profit corporations can be held accountable, despite having a legal team of high-powered attorneys. Yet, it still took nearly four years to reach a verdict, time which most likely was financially challenging for this couple. Litigation funding would have been a perfect solution.
Litigation funding is a non-recourse cash advance to qualified plaintiffs to help pay the bills and other expenses, while giving his/her attorney time to achieve a fair and full settlement. There are no upfront fees, no credit checks, no employment verifications and no monthly payments. Funding is based solely on the strength of the case, with repayment once the case successfully settles. If the case is lost, the repayment is completely waived.
The first step is to complete an online application or call our office. Once we receive your application and supporting case documentation from your attorney, Litigation Funding can determine if the case has merit for a lawsuit cash advance. If approved, the funds can be available within 1-2 days of signing a contract. The money can be used right away for whatever the plaintiff wishes – living expenses, mortgage or car payments, or even to avoid bankruptcy. It is really that simple!
If you, or a loved one, were seriously injured and are in need of litigation funding due to a medical malpractice, misdiagnosis, or negligence, contact Litigation Funding Corporation at .866.LIT.FUND or complete an online application for a free case evaluation.
April 21, 2017
Medical malpractice covers many different forms of improper treatment by medical professionals. It can be the result of a failure to diagnose or misdiagnosis, failure to provide adequate care, misreading lab results, surgical errors or wrong site surgery, improper medication or dosage, and failure to recognize symptoms. If you believe that you or a family member may have been a victim of medical malpractice resulting in serious injury or death, you may have the legal right to hold the responsible parties legally accountable for their negligence and seek monetary compensation. It’s important to consult an experienced medical malpractice attorney as soon as possible.
Due to the complexity of medical malpractice cases, they can take months, even years to settle. If the victim is seriously hurt, they may not be able to return to work. If the medical negligence resulted in death, the patient may have been the primary breadwinner. With limited or no cash flow, plaintiffs usually will have a hard time remaining financially stable; even daily household expenses become a challenge. This is when litigation funding can be an asset.
A couple is seeking damages after the husband was allegedly not diagnosed with atrial fibrillation in a reasonable amount of time.
The lawsuit alleges that the man went to the urgent care with muscle weakness, lack of appetite, fatigue, sinus pressure and cough. He was given medication, but the health care providers failed to mention that he might be suffering from heart problems, states the suit. A week later, the plaintiff was hospitalized in intensive care for three days, and was in atrial fibrillation for over 200 hours. The lawsuit alleges that the defendant breached the standard of care and failed to treat the plaintiff in a responsible way. The plaintiffs are seeking an undisclosed amount in damages.
During the pending lawsuit, the couple may be able to rely on litigation funding to help with any financial hardship. This cash advance is not a loan. There are no upfront fees or monthly payments. No credit checks or employment verification. A lawsuit cash advance is provided on the strength of your case alone. Repayment is made only after the case successfully settles. If the case is lost, the plaintiffs are under no obligation to repay the cash advance.
If you are in a pending medical malpractice lawsuit, Litigation Funding Corporation can get you the money you need today to stay current with your bills and allows your attorney more time to get you the settlement you deserve. The application and approval process is quick and easy! Funds can be available within 24 – 48 hours.
January 3, 2017
While the use of a flexible probing tool during surgery is supposed to reduce injuries, there is still the risk of errors, leading to complications, injury, even death if gone undetected. For example, if the esophagus is perforated during a medical procedure, the contents of the esophagus can collect in the chest area, resulting in a serious infection requiring surgery to repair the hole. If undetected, it could result in serious injury or death.
Any delay or failure to provide the appropriate standard of care could be grounds for a medical malpractice lawsuit. Compensation may be available for medical expenses, loss of wages, pain and suffering and other damages.
A man recently filed a medical malpractice lawsuit alleging he was injured during surgery in December 2014 at a Veterans Affairs hospital in California. According to the lawsuit, the plaintiff holds the surgeon and hospital responsible for negligence during surgery that caused esophagus damage that went undetected for two weeks. The plaintiff seeks general damages, medical expenses, all legal fees and any other relief as the court deems just.
While waiting for their case to settle, the plaintiff could be facing financial issues in which litigation funding could help. This lawsuit cash advance is often the answer to difficult situations where a plaintiff is between a rock and a hard place without sufficient funds to handle unexpected medical bills and ordinary living expenses such as the rent/mortgage, groceries, utility bills, etc.
Receiving a lawsuit cash begins with completing an online application. Next, one of our professional staff members will request case documentation from the plaintiff’s attorney. Once the application has been reviewed, if the case is approved for funding, we will prepare a contract for signature by the plaintiff and his/her attorney. Funds will then be sent via overnight mail or wire transfer.
There are no applications fees, no credit check and no employment requirements required. Because there is no need for a credit check, the plaintiff’s credit remains intact. But, the most appealing benefits of litigation funding is that there are no monthly payments and if the case is lost, the cash advance does not need to be repaid.
If you believe you or a family member has been seriously injured from medical malpractice, medical error, or neglect by a doctor, hospital, nurse, clinic, nursing home or other health care provider, you may have a grounds for a medical malpractice lawsuit. Once your lawsuit is filed by an attorney, if you need financial assistance, contact Litigation Funding Corporation. We may have the mechanism you need to pay your bills, keep your credit standing, and fight for your rights.
December 21, 2016
A deceased man’s family has filed a wrongful death claim against a Chicago hospital, alleging negligence in medical care.
The suit alleges that the hospital failed to properly diagnose and treat a stroke the man suffered in December 2014, which allegedly resulted in respiratory failure, aspiration pneumonia and cardiac arrest a month later. The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount greater than $50,000 plus court costs.
Moving forward after the death of a loved one is emotionally and often times, financially draining especially as a result of medical negligence. Filing, fighting, and winning a medical malpractice case is a complex process that can take a long time before it goes to court and/or culminates in a settlement or award. No one has limitless financial strength; victims may be living paycheck to paycheck or drowning in medical expenses, funeral expenses, and other financial obligations.
Litigation funding allows plaintiffs the ability to wait for a fair settlement without the financial pressure to settle too early for too little. A lawsuit cash advance is provided on a non-recourse basis which means that if the plaintiff loses the case, repayment of the advance is mull and void. We only get paid back when and if a successful recovery on the case is made.
Litigation Funding Corporation can’t bring back your loved one but, we can help put an end to your financial worries while you wait for your lawsuit to settle. The process for obtaining funding is as simple as filling out an online application or calling Litigation Funding Corporation toll-free at 1.866.LIT.FUND. Once we receive your application and case documentation, our underwriters will evaluate the case and if approved, provided funding within 24 – 48 hours. We require no credit checks or employment verifications, and there are no monthly payments. Call us today to learn more.
October 26, 2016
Misdiagnosis and failure to diagnose are two of the most common issues in medical malpractice. As a result of a missed diagnosis you can became gravely ill and your condition can significantly deteriorate, resulting in a more serious condition or death. To prevail in a medical malpractice lawsuit, you must demonstrate that the medical professional’s negligence resulted in your injury. To initiate a claim, it is important to consult an experienced attorney.
While waiting for your lawsuit to make its way through the legal system, you will most likely still have medical bills to pay. You may also face other financial constraints. Life does not stop because you’re involved in a lawsuit and it does not wait for a settlement to be reached. If you simply cannot endure a long litigation process, you may wish to apply for lawsuit funding.
Lawsuit funding is cash “now” to cover your living and other pressing expenses while you wait for your case to be resolved. There are no up-front fees and no risk. If you lose your case, you are under no obligation to repay the cash advance. There is also no convoluted application process to get approved. If you have attorney representation and a strong case, you are already eligible for lawsuit funding. The application takes less than five minutes, and we do the rest. This type of financing is not provided against assets; rather it is against the potential settlement of the case. That means there is no need for a credit check or employment verification. You could receive financial assistance within 24 – 48 hours.
Lawsuit funding may not be the ideal solution for everyone, but it is worth considering if you are in a tight spot financially due to a medical misdiagnosis claim that may not be on the same timeline as your finances, Litigation Funding Corporation may be able to help combat mounting bills during a potentially long legal battle.
October 4, 2016
A 75-year-old woman was admitted to the hospital with a blood clot in her leg. She was treated and released days later; a blood thinner was prescribed. Less than a week later, the woman woke up in the middle of the night with excruciating pain in her hip and groin area. She was transported by ambulance to the hospital. Although doctors performed no testing, the woman was diagnosed with a musculoskeletal pain attributed to her earlier blood clot, and she was subsequently discharged to a nursing home. A day after arriving at the nursing home, a staff member found the woman in hemorrhagic shock. She was rushed back to the emergency room but ultimately died six weeks later.
Her family filed a lawsuit alleging that the doctor failed to timely diagnose and treat what turned out to be a retroperitoneal hematoma (an accumulation of blood in the portion of the abdomen called the retroperitoneal space). After a six-day trial the jury awarded in favor of the plaintiff.
Nothing can ever replace the loss of a loved one, but Litigation Funding Corporation is happy that the family of the deceased was able to seek justice. While we don’t know their financial situation, this case would have been eligible for litigation funding.
Many plaintiffs often face financial hardship as their bills continue to pile up, during a lengthy litigation process. Litigation Funding Corporation can provide a lawsuit cash advance and help plaintiffs receive some of the proceeds from the case now.
A lawsuit cash advance helps lessen the financial burden until a settlement can be reached. Without the pressure to settle, the attorney has time to obtain just compensation. This type of financing is not provided against assets; rather it is against the potential settlement of the case. That means there is no need for a credit check or employment verification. The cash advance is simply repaid once the case successfully settles. Had this plaintiff applied for, and received, litigation from us and lost her case, we would have completely waived repayment of the cash advance. That is because we assume all the risks when funding clients.
If you have lost a loved one due to medical negligence, filed a lawsuit, and looking for immediate cash while waiting for your case to settle, you may be able to obtain a lawsuit cash advance. Contact Litigation Funding Corporation or complete our online contact form. You could receive financial assistance within 24 – 48 hours.
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.