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Litigation Funding Blog

Medical Malpractice Lawsuits Ends with 1.2 Million Award

February 24, 2017

A woman in severe pain went to the emergency room at her local hospital. While moving to an exam room she stated she was dizzy and needed to stop. The resident assisting the woman walk left to find help. The woman fainted and fell, seriously injuring her neck and elbow.

Subsequently, the woman filed a medical malpractice lawsuit alleging the hospital had deviated from accepted medical practice when she was allowed to walk and when the resident left her when she stated she was dizzy. As a result of the fall, the woman required surgery.

According to defense counsel the woman’s vital signs and examination on admission were considered to be normal and that her fainting was an unforeseeable event. Given the fact that she appeared to be normal, the resident had acted reasonably in letting her walk and then leaving her to go find help when she stated she was dizzy.

The trial jury found the hospital was not negligent in allowing the plaintiff to walk, but was responsible for leaving her alone when she stated she was feeling faint. The award was $1.2 million, with $600,000 earmarked for damages for past pain and suffering and $100,000 for future pain and suffering, plus other related medical costs.

Prior to filing a lawsuit, most individuals think it is a straightforward matter, which is usually not the case. Getting a lawsuit through the legal system typically strains a plaintiff’s finances. One option to cope with the mounting expenses is to apply for pre-settlement funding. A lawsuit loan, also known as pre-settlement funding, is a non-recourse cash advance to qualified plaintiffs to help them pay bills and other expanses. It also allows the plaintiff’s attorney-of-record the time to achieve a fair and full settlement.

There are no upfront fees, no credit checks, no employment verifications and no monthly fees. 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 waived.

In order to apply for a lawsuit loan, the first step is to retain an attorney. Once that has been done one of our funding specialists can help you understand the litigation funding process and whether it is right for you. Once case documentation arrives from your attorney, we determine if the case has merit. If approved for litigation funding, the cash can be available within 1-2 days of signing the contract.

Two Hospitals Allegedly Failed to Provide Proper Treatment to Mother and Son

January 30, 2017

Two hospitals allegedly failed to provide proper treatment to a pregnant mother. Her unborn son allegedly sustained severe lifelong injuries that prevent him from being able to stand, crawl or walk.

According to the information filed in this court case, the defendants allegedly failed to provide prudent and proper medical care to the pregnant plaintiff and in failing to do so caused permanent and catastrophic injuries to her baby. The baby, now four years old, is disabled for the rest of his life and will never live independently, requires around-the-clock skilled care, cannot go to school and will not be able to hold a job.

Information submitted in the lawsuit indicated the pregnant mother was having a difficult time with nausea, headaches, dizziness, backaches and possible decreased fetal movement. She was experiencing these multiple symptoms three weeks in advance of her due date and went to her local medical center to be evaluated. She was not assessed, did not receive an ultrasound or have a biophysical profile completed. Instead, she was sent home.

The mother went back to the medical center the next morning where another obstetrician scheduled a C-section for her for the following day. When the baby was delivered he displayed seizures, apnea, poor color and tone. He was transferred to an intensive care unit and stayed there for 12 days. While in the neonatal intensive care unit, it is alleged, staff did not monitor his ventilator settings, which resulted in low CO2 blood levels.

When a loved one sustains serious injuries due to medical negligence, the family may wish to file a medical negligence lawsuit. However, while waiting for the case to move forward, they cannot wait to deal with financial necessities. Litigation funding may be the perfect solution. If the family hires an attorney and files a claim, they are eligible for pre-settlement funding.

A lawsuit loan is a fast cash advance against a pending lawsuit that acts to supplement a plaintiff’s loss of income. The cash advance helps victims cope financially while they wait for fair compensation. Without the pressing necessity of trying to find funds to pay for bills, the plaintiff may wait to have their case resolved and they do not need to settle for less than the potential full value of their case.

Alleged Medical Malpractice Leads to Woman’s Death

January 19, 2017

Patient sues a health care provider after she falls attempting to get to the restroom.

A medical malpractice lawsuit was filed by patient, at a Charleston medical center, Jane Smith (not her real name). The woman who was heavily sedated, woke up in her room, attempted to use the restroom and fell. The fall resulted in disabling and severe injuries that subsequently required two expensive surgeries.

The plaintiff alleged that the medical staff negligently removed additional barriers placed on her bed by her daughter, disconnected the safety alarm and lowered the bed rails. Since the patient was still under sedation the absence of such safety precautions were alleged to be a causative factor in the fall.

According to the statement of claim, the patient was billed for an additional $66,294 for the surgeries required as a result of her fall. The lawsuit alleges that in addition to the medical staff failing to render services and proper care in a safe and prudent manner, the patient also suffered from mental anguish and additional pain.

Filing a personal injury medical malpractice lawsuit may be the means to improve quality of care and safety. However, such lawsuits typically take months to years before a settlement is reached. This is a serious disadvantage for individuals living on a fixed income who do not have extra resources to ensure their case keeps moving forward. Litigation funding may be the perfect solution in a case such as this.

With a lawsuit cash advance, also referred to as litigation funding or pre-settlement funding, plaintiffs can meet their financial obligations and other everyday living expenses. Pre-settlement funding approvals do not require the applicant (plaintiff) to have good credit, make monthly payments or to have a job. Payments are not made until the lawsuit is settled successfully or a jury verdict for the plaintiff is handed down.

Lawsuit loans are considered to be a non-recourse cash advance, which means if the plaintiff loses their case, repayment is waived. With such a significant advantage in favor of the plaintiff, there is no need to settle.

Lawsuit Alleges Medical Negligence Caused Elderly Woman’s Untimely and Wrongful Death

October 23, 2016

Are you involved in a wrongful death lawsuit or waiting for an expected settlement award? Do you need short term cash to pay your present-day bills or living expenses? Call Litigation Funding Corporation. We may be able to help you leverage your expected settlement with a lawsuit cash advance.

A Texas woman is seeking $5 million in a wrongful death lawsuit against a healthcare provider alleging negligence in the death of her elderly mother.

The 75-year-old woman was admitted to the hospital in August 2015 for symptomatic anemia (shortage of iron), acute gastritis (inflammation or swelling of the stomach lining), COPD exacerbation (shortness of breath) and mild hypokalemia (a low potassium level). After five days, she was discharged, but readmitted eight days later due to shortness of breath. During those eight days, she gained 15 pounds, despite a decrease in appetite, and also showed signs of swelling in her extremities, according to the lawsuit.

The patient was prescribed Lasix to treat fluid retention. If the medication didn’t work, she was to undergo a procedure to remove excess fluid from her chest. According to the suit, the woman did not receive the dosage recommended by the pulmonologist, causing her to suffer dangerous levels of fluid retention. She was transferred to another hospital, but during the transfer another discrepancy occurred in the Lasix orders, according to the claim. At the second hospital, the woman suffered respiratory distress. Despite continuing problems and abnormal lab results, doctors were not notified and her medication was not changed. She was found unresponsive Aug. 28, 2015 and was later pronounced dead.

The lawsuit contends the “volume overload of fluid retention caused her increasing respiratory distress” and made her gain 30 pounds in 18 days. “Left untreated, these conditions caused cardiac arrest and untimely and wrongful death,” the lawsuit states.

There are no words to justify the loss of a loved one caused by the negligence of someone else. A wrongful death lawsuit won’t bring back a loved one, but it can hold the wrongdoer accountable. Reaching a settlement may take years, creating financial hardship for the plaintiff. Litigation funding ensures that your expenses are covered in the interim. Without the pressure to settle, your attorney has time to obtain just compensation.

We know you have a choice of litigation funding companies and are happy to assist you in your time of need. To obtain a lawsuit cash advance in the quickest and easiest way, complete our online contact form. One of our funding representatives will contact you immediately and start the process. Then, we will contact your attorney for case documentation and make a funding decision within 24 – 48 hours. There are no monthly payments; repayment is made directly from the proceeds of the case. If you lose your case, you are not obligated to repay the cash advance.

Lawsuit Alleges Doctors Wrongly Prescribed Medication That Led To Woman’s Death

October 10, 2016

According to a 2006 study, medication errors harm approximately 1.5 million people in the United States every year. Medication errors can occur in many ways, such as if the doctor prescribes the wrong medication, the patient is harmed by a medication that was prescribed to treat a misdiagnosed condition, or the patient is given too much or too little of the drug. Side effects or damage may go undetected for months, even years. If the healthcare provider has failed to provide the accepted standard of care resulting in serious harm or death, the victim, or the family of a deceased loved one, should seek legal counsel to determine his/her rights.

A wrongful death lawsuit was recently filed by the family of a woman who allegedly died after taking medication prescribed by her doctors. According to the lawsuit, doctors failed to properly evaluate the woman’s condition and evaluate her medical history before prescribing Fluconazole, a medication that is used to treat fungal or yeast infections in the body. The complaint states that as a result, the woman suffered serious injuries, which led to severe deterioration in her health and ultimately her death. The lawsuit seeks damages greater than $50,000.

Although no amount of money can bring back their loved one or make up for the pain and suffering they have endured, this family has the right to be compensated. Unfortunately, receiving just compensation can take years, time which is often a financial burden for plaintiffs faced with medical and/or funeral and burial expenses. When a plaintiff does not have the financial resources to wait for justice, litigation funding is a great resource to see the case through to a fair and equitable settlement.

Litigation funding is a cash advance against the proceeds of a case. Without this option, desperate plaintiffs are often forced to settlements too soon, for too little. A plaintiff is eligible for funding once he/she has attorney representation. The next step is to complete an online application or call Litigation Funding Corporation. We will then request case documentation from the plaintiffs’ attorney to determine its strength and the funding amount. Approvals are typical provided within 24 – 48 hours because we do not need a credit check, employment verification, or collateral in order to fund a case. Best of all, there are no payments until the case settles, at which time we are repaid from the proceeds of the settlement. If the case is lost, the plaintiff is under no obligation to repay the cash advance.

To learn more or to apply for litigation funding, contact the legal funding experts at Litigation Funding Corporation.

A Lawsuit Cash Advance Helps Lessen the Financial Burden During Pending Medical Malpractice Cases

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.

Family Reaches $4.2 Million Settlement Against Waianae Coast Health Center

September 21, 2016

A $4.2 million settlement in a medical malpractice lawsuit has been reached with the family of a 32-year-old man who went to the emergency room with a sore throat and died at Waianae Coast Comprehensive Health Center.

The man went to the ER in January 2013 where a doctor determined he had an abscess in his tonsils and arranged for the patient to see an ear, nose and throat specialist. Then, the ER doctor decided to do a further evaluation under sedation, but the man lost consciousness and died.

According to the lawsuit, the doctor not only performed an unnecessary procedure, but failed to properly evaluate the patient’s airway for any risks prior to the sedation. “His airway was narrowed by his swollen tonsils and he became unable to breathe due to a lack of oxygen, became unconscious and died,” said the family attorney. The lawsuit also claimed that there was no anesthesiologist present and the amount of sedation was too much.

The man’s widow said she hopes improvements have been made at the health center to ensure other families do not go through the same tragedy.

This case is a perfect example as to the time it takes between filing a lawsuit and reaching a settlement — time that often causes financially difficult for plaintiffs. When the ability to wait for compensation is not an option, pre-settlement lawsuit funding may be.

Pre-settlement lawsuit, a cash advance based on the predicted outcome of a case, can help pay medical expenses, funeral and burial expenses, and any other outstanding bills while waiting for the case to settle. Lawsuit funding is often referred to as a lawsuit loan, yet is quite different. There are no credit checks, employment verification, or monthly payments. Receiving funding is based solely on the strength of the case. Most importantly, lawsuit funding is risk-free.

The lawsuit cash advance is provided in return for a promise to repay after the lawsuit settles or the jury rules in the plaintiff’s favor. If the lawsuit is lost and the court rules in favor of the defendant, there is no obligation to pay back the advance.

Those who apply for a lawsuit funding are often approved, and receive the funds within 24-48 hours. If you are a plaintiff in a pending lawsuit, don’t let the process wreak havoc on your financial situation. Let Litigation Funding Corporation help you fight for restitution for as long as it takes to win.

Resident Alleges Negligence In Nursing Home Care

September 13, 2016

According to the Centers for Disease Control and Prevention (CDC), every year hundreds of thousands of adults over the age of 60 are abused, neglected, or financially exploited. Unfortunately, these numbers may reflect only a small portion of the real problem; so many cases of abuse and neglect go unreported each year.

A nursing home has an obligation to care for their residents and provide the necessary medical attention. Unfortunately, this responsibility is often shirked, usually as a consequence of understaffing, under-trained employees, and other cost-cutting measures. When that happens, nursing home residents can suffer significant injuries, including death. When abuse or neglect occurs in the nursing home setting, the facility can be held liable. Consulting an experienced attorney is an important first step.

A woman has filed a lawsuit against Princeton Memorial Company d/b/a Princeton Health Care Center, a nursing home operator, alleging insufficient measures were taken to provide a safe environment. According to the lawsuit, during the period of time that the plaintiff was a resident at the defendant’s facility, she suffered from multiple falls, hematomas and rib fractures that resulted in needless pain and suffering. The complaint states that the defendant failed to provide adequate supervision and safety devices to prevent accidents, and failed to monitor and assess her condition. The plaintiff is seeking an undisclosed amount.

The litigation process is typically a financial and emotional roller coaster, especially when money is tight and the bills keep coming in. Victims do not want to conduct settlement negotiations when they are struggling, financially. If they do, they will, almost always, accept an offer that is less than full case value. Instead, plaintiffs may wish to apply for a lawsuit cash advance from Litigation Funding Corporation.

Litigation funding is available in a quick and easy three step process.
1. Complete an online application or call us toll-free at 1-866-LITFUND.
2. We will contact your attorney to obtain pertinent case documentation.
3. We review your application and the case documentation for funding approval and can wire a check within 24 – 48 hours.

There are no upfront fees, credit checks or employment verifications with obtaining a “lawsuit loan“. The best part is that our lawsuit cash advances come with no risk to you. You repay us only if you win your case. If your case is lost, you keep the advance.

If you believe you or a loved one has been the victim of nursing home abuse or nursing home neglect, contact an experienced nursing home negligence attorney. If you need immediate financial assistance to help improve living conditions or pay medical expenses contact Litigation Funding. Contact one of our funding representative with any questions or to help you with the qualification process. You won’t find better customer service or attention to detail than from Litigation Funding Corporation.

Two Doctors Examined Walter Friedlander, Neither Diagnosed Him

August 31, 2016

Walter Friedlander, a former veterinarian, died February 15, 2011 as a result of a severe infection that two doctors did not diagnose. He was 63-years-old at the time of his death.

This medical negligence case resulted in a jury award of $4.65 million to the family of Walter Friedlander who chose to sue for medical malpractice after the death of their father.

According to the statement of claim, Friedlander was admitted to the hospital in 2011 with severe pain. Preliminary blood tests were done. He was then seen by two doctors: Dr. Nicolas Golden and Dr. Doug Heller. But neither one of them spoke to the other after they had seen him. Mr. Friedlander was subsequently left in a medical limbo with no doctors seeing to his care and treatment.

Although doctors purported suspected pancreatitis, there were no tests done for that and no one ordered tests for what turned out to be sepsis, a very dangerous and often fatal condition. Thirty-six hours after Friedlander was admitted to the hospital, he was dead.

This case went to a New York Supreme Court jury and the six-person jury found both physicians and the hospital responsible for Friedlander’s death. The hospital did not agree with the verdict and it is expected that it plans to request the motion be set aside and to reserve its option to appeal.

Despite the short period of time during which Mr. Friedlander was in the hospital, his family would have faced a significant bill for the tests done, the two doctors attending on him, the cost of the room and any medications he may have received. They would also need funds for his funeral and burial.

The Friedlander family may have been interested in applying for a lawsuit loan from a litigation funding company to help them deal with any cash flow shortage they may have had. Pre-settlement funding is emergency fast cash that allows a plaintiff the security of having funds in the bank and on hand to pay all of their necessary bills, including mortgage, school loan, rent and car payments.

Life does not come to a full stop because you are involved in a lawsuit, and it certainly does not wait for the lawsuit to pay off. Litigation funding provides you with the cash needed right now to cover living expenses while your case is being prepared and fought. There are no upfront fees involved in applying for a lawsuit loan and litigation funding is without risk. If you lose, you do not owe the company one dime.

7-Year-Old Boy in Permanent Vegetative State Due to Medical Malpractice

August 26, 2016

In 2010, the Griffith family took their child to Teays Pediatrics. He had been vomiting frequently. What followed was a series of medical oversights that left the then 7-year-old boy in a permanent vegetative state.

Tabatha and Karle Griffith took their young son Gabriel to the local pediatrician December 13, 2010 to find out why their son was vomiting frequently. Dr. Ann Lambernedis examined him at Teays Pediatrics. The doctor could not say why the child was vomiting and did not take his pulse at the time even though radiological tests were performed on Gabriel’s chest and abdomen.

The young boy continued to vomit, prompting the parents to call the doctor several times for assistance. On December 27, 2010 the parents once again took their son to Teays Pediatrics for help. Dr. Lambernedis still had no diagnosis to offer them and once again the child’s pulse was not taken.

In July 2011, the child was once again taken to see Dr. Lambernedis because he was still vomiting. There was no diagnosis suggested at this time either, but the child’s pulse was noted to be 100 beats per minute. More chest and abdomen tests were performed again.

A week later, the Griffith family received a referral from Dr. Lambernedis to a gastroenterologist. By the time the Griffiths went to see the gastroenterologist in August 2011, their son’s pulse was 160 beats per minute.

Their son was sent to the hospital and diagnosed with supraventricular tachycardia. His breathing rate doubled and according to the statement of claim filed in this case, hospital staff did not intubate him in a timely manner. The Griffith’s son suffered cardiac arrest the next day and sustained irreversible neurological damage, leaving him in a permanent vegetative state.

The Griffiths filed a medical malpractice lawsuit alleging Dr. Lambernedis was negligent in diagnosing their son’s condition and not treating him correctly and that the hospital and other medical professionals were also negligent in their care and treatment of their son.

In order to handle their medical bills, the Griffiths would need access to a substantial amount of money. The ideal solution for them may be to apply for litigation funding, also referred to as pre-settlement funding. Being approved for and receiving litigation funding does not mean the finance company is involved in your case. All case litigation strategies, trial preparation, settlements, negotiations and legal decisions remain in the purview of your attorney in partnership with you.

A lawsuit loan is considered to be non-recourse funding, which means that any repayment is dependent on the outcome of your case. If it should fail in court, there is no repayment and you keep the funding with no obligation to repay it.

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