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Litigation Funding Blog

Splenectomy Results in 6.6 Million Dollar Medical Malpractice Award For Failure to Diagnose, Treat Blood Clot

April 30, 2018

A 23-year-old woman underwent a splenectomy in 2012 to treat an anemic disorder, but doctors allegedly failed to properly diagnose and treat a post-surgical blood clot. The plaintiff filed a medical negligence lawsuit.

The jury found that the radiologist and treating surgeon were both negligent in not identifying and treating the patient’s portal vein thrombosis — a clot that forms in the blood vessel that carries blood from the intestines to the liver. The clot was not discovered for several weeks, despite the patient’s prolonged stay in the hospital, several trips to the E.R., a CT scan, stomach pain and a fever. The woman still suffers from the effects of the blood clot and now requires lifetime medical treatment and care.

The young woman may have benefitted from pre-settlement funding, also called litigation funding or a lawsuit loan. Litigation funding is a cash advance which can be used to support a plaintiff’s financial stability until their case is heard or a settlement is reached. The only requirement for eligibility for a lawsuit loan is a strong case and attorney representation.

When unexpected financial problems arise as a result of someone sustaining a personal injury, Litigation Funding Corporation can help the victim and their family deal with any financial difficulties. The application for pre-settlement funding can be done online or over the phone, and the process is hassle-free and user-friendly.

Once the plaintiff’s application for pre-settlement funding is approved, funds are sent within 24 – 48 hours and can be used immediately for medical bills, mortgage and recurring living expenses, such as utility bills.

Litigation funding does not require monthly payments and there are no upfront fees. Repayment of a lawsuit cash advance is only required when the case is resolved in favor of the plaintiff. However, should the plaintiff lose the case, the cash advance is altogether waived.

Surgical Needle Left in Patient Allegedly Led to Bowel Puncture

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.

Mistaken Cancer Diagnosis Leads to Mastectomy in Error

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.

Severe Radial Nerve Damage Post Surgery Causes Permanent Damage to Man’s Arm

July 31, 2017

A Florida couple filed a medical negligence lawsuit against a medical facility and a physician, alleging severe radial nerve damage resulting from an operation.

The plaintiffs recounted that the husband fell on November 15, 2015, while at home, and fractured his right humerus. The nature of the fracture required surgery to repair it. According to the court documents filed, the surgeon performing the operation entrapped the husband’s radial nerve beneath the plate used to scale down the fracture. This resulted in permanent and severe damage to the man’s right arm.

The lawsuit further alleges that the doctor and medical facility failed to properly treat the patient’s fundamental condition; failed to suitably train, oversee and supervise medical staff; and failed to execute proper surgical repair in accordance with the injury.

While waiting for a lawsuit to be resolved, the family may need financial assistance to pay their important monthly expenses.

Litigation Funding Corporation understands how important it is to quickly meet the financial needs of plaintiffs struggling to keep up with their financial obligations.

To qualify for a lawsuit cash advance, a plaintiff needs attorney representation and a strong case. Once the request for funding is received with all the required documentation from the attorney, funding is typically approved with 24 – 48 hours.

If you are involved in a lawsuit and unable to work, the longer your case lasts, the harder it is to pay bills. Do not settle for less simply out of a desperate need for cash. Litigation Funding Corporation may be able to assist you to get back on your feet. Our funding comes from our own resources; we never broker out. Call us to discuss your funding options today.

Malpractice Lawsuits Filed Against Midwife with a 30-Year History of Complaints

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.

Jury Awards $14.9 Million for Patient Paralyzed by Negligently Administered Steroid Injection

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.

High Bilirubin Levels Leading to Jaundice Leave Toddler’s Brain Damaged

May 17, 2017

Parents of a toddler, who sustained brain damage, received $46.5 million in a medical malpractice verdict.

When the baby was born in 2014, her blood tests indicated high bilirubin levels. There were no further tests done and the hospital did not administer phototherapy lights to treat the baby’s jaundice, the required steps for treatment. Jaundice is an indicator of high levels of bilirubin and if it is ignored it penetrates a newborn’s blood brain barrier, causing brain damage.

Due to the untreated jaundice, the baby suffered developmental delays and is unable to walk without help. The now two-year-old requires 24-hour care for the rest of her life. The parents filed a medical negligence lawsuit against the hospital and the physician in charge of the delivery, alleging they did not follow national patient safety guidelines relating to newborn jaundice.

According to expert witness testimony, the child’s bilirubin levels were examined when she was less than two hours old. However, the results were compared to what an acceptable level would be for a two-day-old child. The brain damage resulting from the untreated bilirubin levels is considered a mistake that was preventable, according to the National Quality Forum.

The jury found the doctor to be 85 percent liable for the damages and the hospital to be 15 percent liable.

Medical negligence lawsuits take many months and sometimes years to be resolved. In the meantime, families will often struggle to pay their monthly financial obligations, prior medical bills and ongoing medical expenses. By contacting an experienced medical malpractice attorney, families are able to seek lawsuit funding for financial assistance to allow them to wait for a settlement or court verdict for the full and fair value of the case.

Most plaintiffs find lawsuit funding, also referred to as pre-settlement funding, to be a lifeline while waiting for their lawsuit to be resolved. A “lawsuit loan” offers victims the strategic advantage of having cash-on-hand to wait for a reasonable offer.

An application for pre-settlement funding may be handled over the phone or online. It only takes five minutes to get that done and there are no credit checks, monthly payments or upfront fees. Lawsuit funding is a no-risk quick cash advance and can mean the difference between an equitable settlement and a low-ball mediocre one.

Lawsuit Alleges Failure to Promptly Treat Fast-Growing Abdominal Cyst Resulted in Newborn’s Death

April 27, 2017

A wrongful death lawsuit alleges medical negligence cause the death of a newborn.

The lawsuit stems from the 2016 death of a newborn baby. The suit alleges that a doctor failed to promptly take appropriate action when a fast-growing cyst was detected in during a pre-birth ultrasound.

The baby underwent bowel surgery after birth, but was only two days old when she died. The lawsuit says the baby would have survived if the Nebraska doctor had ordered an immediate evaluation of the growth in her bowel and had sent her for treatment before she was given any food.

To meet pressing financial obligations during the pending lawsuit, the family may wish to apply for litigation funding. Unlike a traditional bank loan, this type of cash advance can be provided without obstacles or risks.

Litigation funding is based solely on case strength, not credit or employment status. If the case is reviewed and appears to be winnable, the request for funding will likely be approved with the money available within 24 – 48 hours. Repayment only occurs once the case successfully settles, at which time we are repaid from the case proceeds. However, if the case is lost, we will completely waive repayment of the case advance.

While litigation funding cannot solve physical and emotional issues, a lawsuit cash advance can substantially lessen financial issues. 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. The application process is quick and easy online or by calling Litigation Funding Corporation toll-free at 1-866-LITFUND. We are also happy to offer a free, no-obligation consultation or funding analysis of your case.

Couple Alleges Urgent Care Facility Breached Standard of Care

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.

Arizona Veteran Battling Cancer Files Medical Negligence Lawsuit

April 17, 2017

An Arizona veteran is suing the Veterans Health Administration (VHA) and his local VA medical center for medical negligence.

Documents filed in court indicate that the veteran served 18 years in the U.S. Army. The veteran was honorably discharged from the Army in 2007. He subsequently developed health issues and was unable to access medical care until December 2011.

For more than a year, the man tried to access medical care, but was repeatedly denied. He is now dying of prostate cancer. He was seen by a nurse practitioner who indicated he had an abnormality in his prostate. No further testing, referral to a specialist or other follow-up was ordered. Allegedly the veteran was told there was nothing he could or should do about the abnormal exam and that he was not to worry about it.

It was not until December 2011 that the veteran was able to obtain an appointment with the doctor. By this time, the man was told that he was terminal and that he needed to seek care in a hospice. The veteran opted to see a private doctor and had surgery that left him with serious problems and various permanent injuries. The lawsuit alleges none of these things would have happened had the VA performed medical care according to its mandate in a timely and professional manner.

Lawsuits such as this take a long time to be resolved. Plaintiffs still have bills that need to be paid, but finances may be tight. When finances are an issue, litigation funding, also referred to as a “lawsuit loan,” may be the solution.

Pre-settlement funding is a cash advance of the amount expected of the settlement when the case is resolved. Its primary purpose is helping plaintiffs with loss of wages, exorbitant medical bills, monthly household expenses and other out-of-pocket bills. Litigation funding is not a bank loan and may be obtained without verifying employment or running a credit check. The collateral used when applying for a “lawsuit loan” is the pending lawsuit itself.

Litigation funding is a valuable and viable alternative for cash strapped plaintiffs needing funds until their case has been resolved.

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