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Litigation Funding Blog

Wrong Testicle Removed During Surgery Leads to Medical Negligence Lawsuit

August 8, 2017

In 2013 a Pennsylvania man went to see a urologist, citing complaints of pain in his right testicle. An ultrasound revealed that the testicle was damaged; surgical removal was recommended.

The patient was booked for surgery, an orchiectomy, to remove the scarred and damaged testicle, to alleviate the pain. The operation went well. However, the surgeon removed the wrong testicle. The mistake left the man with his painful testicle and a fear of seeking further medical assistance. He filed a medical malpractice lawsuit against the hospital and surgeon. Four years later, a jury handed down an award of $870,000 that included $250,000 in punitive damages.

During the trial, when asked about the surgical error, the doctor claimed that the testicles had switched sides at some point, an explanation the jury did not accept. There was no clear reason offered why the mistake happened. The doctor was removed from his position at the hospital.

While operations on the wrong body part are relatively rare, wrong-side, wrong-procedure and wrong-patient errors, are mistakes that never should happen. They also point out serious safety problems.

Coping with this type of life changing event and trying to handle the medical bills while pursuing a lawsuit can be highly stressful. The time gap between filing a lawsuit and an equitable resolution means the plaintiff needs to pay their usual daily expenses and their medical bills while they wait. When faced with overwhelming medical bills, the best solution may be to apply for a “lawsuit loan.”

Litigation funding helps cash strapped plaintiffs to pay usual daily living expenses and extra bills that have arisen due to an injury. Also referred to as pre-settlement funding, the lawsuit cash advance is given to a qualified plaintiff in advance of the potential settlement of their lawsuit. The most important factor in approving a “lawsuit loan” is the strength of the plaintiff’s case.

Once you have hired an attorney, you may apply for pre-settlement funding. Once your case is approved the funding is sent by the quickest method possible within 24-48 hours. You pay only if you win your case. If you do not win, the cash advance is waived.

Alleged Negligence Leads to Death of Patient at Drug Treatment Facility

March 22, 2017

A Pennsylvania woman filed suit against a drug treatment facility and its personnel alleging negligence in the treatment of her drug addicted 43-year-old husband.

On admission to the drug addiction center, the patient was given a cocktail of 17 drugs to assist in the withdrawal process, including: Subutex, Phenobarbital, Vistaril, Librium, Tylenol, Serax, Folic Acide, Prilosec, Colase, Catapres, Cymbalta Bentyl, Abilify, and Albuterol.

During his stay at the clinic, the patient complained of withdrawal symptoms, and the physician diagnosed alcohol, opiate, benzo and cocaine dependence. He was given Subutex, and several other drugs at that time, which are known to be respiratory depressants. The patient was found dead in his room later in the day on January 9, 2015. Although CPR was attempted, he never regained consciousness and died shortly thereafter.

The Pennsylvania drug addiction center and two doctors were named in this medical negligence lawsuit filed by the decedent’s wife, the administratrix of his estate. According to the statement of claim, the deceased voluntarily entered the drug addiction treatment center to seek help. The man was screened by staff prior to admission, a process that included obtaining a detailed mental and physical health history, a psychosocial assessment and a complete physical.

The plaintiff alleged that during the admission process, the defendants were alerted or should have become aware that the deceased had physical and psychological problems. The deceased was addicted to alcohol, heroin and crack cocaine. In addition, he had a long history of anxiety, depression, asthma, tachycardia, bipolar disorder and vocal cord dysfunction.

The plaintiff further alleged her husband’s death was caused by the collective negligence of the staff and medical personnel at the drug treatment facility. The plaintiff is seeking personal injury damages.

Cases such as this one may take months or years to be resolved and even when a resolution is reached, settlement monies may be delayed, creating financial difficulties for the plaintiff. Insurance companies are reluctant to write a settlement check. In a situation such as this, reach out to Litigation Funding Corporation and ask about a lawsuit cash advance.

Lawsuit funding is not only used during trial litigation, but it is also used when a plaintiff’s case is pending an appeal or they are waiting on a settlement check. A lawsuit cash advance is not to be confused with a loan. Repayment is contingent on receiving a settlement. If the plaintiff loses the case, any repayment is waived.

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