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.
