We make the impossible possible.

Litigation Funding Blog

Obstructive Hydrocephalus Case Reversed On Appeal

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.

Untreated Infection Leads to Hip Replacement

October 30, 2014

If one doctor had checked on the results of medical tests, the plaintiff in this case would not have ended up with a permanently painful hip condition.

According to court documents filed by a 52-year-old New York man, the injection he received before an MRI he had in late September 2010 sparked a serious hip infection. By the end of the month, he checked back into hospital with unrelenting pain. A culture revealed a serious bacterial infection.

The plaintiff, a construction worker, met with an orthopedic surgeon who sent him home without any further treatment, despite lab results indicating a virulent bacterial infection needing immediate treatment. Two days later, the man had to be rushed back to the hospital, where doctors discovered that the untreated infection had damaged his hip badly enough that he required a hip replacement. 

He was no longer able to work at his job, and his other previously enjoyed activities were limited.

The man chose to file a medical malpractice lawsuit seeking compensation for his injuries and asking the court to hold the surgeon who did not treat his infection responsible for his unnecessary hip replacement surgery. The jury found for the plaintiff, awarding him $2.3 million.

Before the award, the plaintiff may have been in a difficult situation financially, as he was no longer able to work in construction. Even with savings on hand, he would not have been able to pay the medical bills amassed as a result of his hospital visits and surgery. One solution that may have assisted him in dealing confidently with his financial obligations would have been to fill out an online application form for litigation funding.

Litigation funding, also called pre-settlement funding, offers plaintiffs cash that arrives in less than 48 hours. The amount the applicant receives is usually predicated based on what the attorney of record suggests that a jury may award. 

The plaintiff can also call and apply for a lawsuit loan. All that is required is the name of the plaintiff’s lawyer and the case details. Once the application has been approved, funds are transferred expeditiously to help the plaintiff deal with all expenses and to give him or her the peace of ignoring insurance companies wanting a quick, fast and cheap settlement.

Permalink | Filed Under: Blog Posts | tagged with:
Litigation Funding