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Litigation Funding Blog

Surgeon with Parkinson’s Accused of Gross Malpractice

February 20, 2017

An Iowa neurosurgeon was accused of gross malpractice.

The surgeon in question in this case was accused of “gross malpractice” by state regulators. The Iowa Board of Medicine filed charges against him in 2015. Those charges included his alleged inappropriate management of leaking spinal fluid for post-recovery patients, his failure to prevent an excessive number of infections and failing to have another physician care for his patients when he was not available.

As a result of the findings by the Board and a diagnosis of Parkinson’s disease, the 50-year-old physician stopped performing surgery but continues to offer other services such as consultations, independent medical exams and medical record reviews. He also repaid a sum of money he had been overpaid for services, which was allegedly due to an office billing error.

Not all states recognize the concept of gross negligence. Those states that recognize gross negligence define it as “substantially and appreciably more unreasonable behavior than ordinary negligence.”

When a finding of gross negligence is determined, it has an impact on plaintiff’s damages. If a plaintiff proves a defendant was grossly negligent, they may be entitled to additional damages — either enhanced compensatory damages or punitive damages.

If a patient of this surgeon decided to file a lawsuit citing gross medical negligence, the case could take a long time to get to court or to be settled. The plaintiff would need financial resources to deal with the medical bills and their usual monthly obligations. One solution might be to apply for pre-settlement from a litigation funding company.

An application for pre-settlement funding means a plaintiff must be working with a lawyer on a case with a good chance of winning in court. The plaintiff does not need to be working when they apply and does not need to have a credit check done. Once the case has been assessed, funds are wired directly to the plaintiff’s bank account within 24 to 48-hours by the fastest route possible.

Lawsuit loans are not for everyone, so discuss your needs with a litigation-funding representative. The representatives at Litigation Funding Corporation are experts in their field and treat all enquiries with great respect.

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