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Litigation Funding Blog

Surgeon Allegedly Misses Signs of Infection After Routine Gallbladder Operation

June 30, 2017

A well-known folk singer died after a routine gallbladder operation. The singer’s family launched a medical malpractice lawsuit alleging the surgeon missed obvious signs of a postoperative infection.

The statement of claim alleged the singer’s doctor failed to order adequate antibiotics and discharged the patient too soon, despite the fact she had a fever. The plaintiff’s attorney suggested the errors resulted in a preventable death and that if the hospital and physician’s had adhered to the accepted standard of care, the singer would have remained in care. The patient died of sepsis at the age of 55.

During the trial, the plaintiff’s lawyer indicated to the jury that postoperative infection is very common with the type of surgery. The morning the performer was discharged, she had a temperature of 102 degrees, a sign, said the attorney, that should have prompted the doctor to determine the cause of the fever. Additionally, infection should have been of concern to doctor due to the singer’s weight and a lap band which was inserted in her abdomen, factors that increase the risk of infection.

The defense indicated the patient’s blood tests showed a normal white blood cell count and that her fever had come down prior to being sent home. Addressing the accusation that the defendant had not given the singer enough medication to fight her infection, the doctor indicated a growing concern among physicians that the overuse of antibiotics often results in bacteria resistant to most medications.

Many times there is a significant time gap between filing a medical malpractice, wrongful death lawsuit and its resolution or jury award. While the plaintiff is waiting for justice, they still need to pay their usual bills. When confronted with a large bill for medical costs, or faced with the knowledge they may never be able to go back to work, the best solution for the victim may be litigation funding.

A “lawsuit loan” or litigation funding is an emergency cash advance to assist in paying utility bills, usual daily living expenses or bills that have arisen as a direct result of an injury. Pre-settlement funding is given in advance against the potential settlement of the lawsuit. What that means is that litigation funding approvals are given without the victim needing to be employed or subjected to a credit check. The most important factor in advancing a “lawsuit loan” is the strength of the case.

If you feel that you have been the victim in a medical malpractice case, contact an experienced personal injury lawyer to determine your legal rights. Once you have decided to hire an attorney, you may apply for pre-settlement funding. Once your case is approved, litigation funding is sent by wire transfer or overnight mail within 24-48 hours. You pay only if you win your case. If you do not win your lawsuit, the cash advance you received is waived.

Mother of Brain Injured Baby Awarded 33.8 Million in Medical Malpractice Lawsuit

June 16, 2017

A young woman in labor arrived at a medical center in Miami, Florida. She was not considered to be a high-risk pregnancy. However, medical negligence allegedly resulted in physical and developmental injuries to the baby.

According to court documents, for the first 90-minutes of labor, the doctor made a number of bad decisions which allegedly resulted in serious injuries to the baby. The physician failed to act when the baby had a category 3 heart rate, indicating the baby was starving for blood and oxygen and faced a high risk of brain damage or death; did not perform a C-section; ordered staff to restart a drug that strengthens contractions; and spent a significant amount of time outside the patient’s room. One eight-minute absence was allegedly so the doctor could talk to his stockbroker.

The baby was delivered December 2, 2013, with limp limbs and was blue in the face from a lack of oxygen. Although the baby was revived, he had suffered severe brain damage. The baby needs around-the-clock care and will never live a normal life. He cannot speak or sit up without falling over, has cerebral palsy, scoliosis and takes multiple medications every day.

The doctor indicated the mother was not pushing hard enough and refused a C-section. Yet, according to testimony in court by the nurse in charge of the delivery, the doctor altered the mother’s medical records to cover up what he failed to do. It would not be the first lawsuit against this doctor for injuring a newborn.

To deal with the financial obligations during the pending lawsuit, the baby’s mother may wish to apply for a “lawsuit loan.” This is not like a traditional bank loan. This kind of cash advance, or pre-settlement funding, can be provided without risk or other obstacles. In addition, Litigation Funding Corporation is also pleased to offer a free, no-obligation consultation or funding analysis of your case.

Litigation funding, or a “lawsuit loan,” is awarded to a plaintiff solely based on the strength of the lawsuit, not whether the applicant has a job or a good credit rating. If the case looks to be winnable, the request for lawsuit funding will likely be approved and the money sent within 24–48 hours. Repayment of the funds received only happens if the case successfully settles. At that time, the litigation funding company is repaid from case proceeds. However, if the plaintiff loses in court, repayment is totally waived.

Litigation funding can not solve emotional or physical issues, but can significantly lighten the plaintiff’s financial burdens while they are waiting for the lawsuit to be resolved. If you are represented by a medical negligence lawyer and have plans to file, or have already filed a lawsuit, you may be eligible for medical malpractice pre-settlement funding.

The application process is quick and easy online or by giving Litigation Funding Corporation a call toll-free at 1-866-LITFUND.

Twice Misdiagnosed, Man Dies of Aortic Dissection

May 31, 2017

A Utah man went to a medical clinic in November 2011 complaining of chest pain that radiated to his abdomen. He was initially diagnosed as having constipation.

A 55-year-old driver for the Utah Transit Authority experienced pain in his chest and abdomen that prompted him to go to a local medical clinic. The man was seen by a physician’s assistant (PA). The PA diagnosed him as having constipation. No tests, such as an EKG or chest radiographs, were ordered and he was not sent to the E.R.

The man’s pain continued for more than a week and he went back to the medical clinic and was seen by a different PA. He was once again diagnosed with stomach pain and constipation. No further tests were ordered. Four days later, the patient died of aortic dissection. His wife filed a medical malpractice lawsuit. The jury delivered a verdict of $2.9 million with a finding that the medical clinic was 70 percent at fault and had breached the standard of care and that the patient was 30 percent at fault for not going to the E.R. on his own.

If you suffered a serious personal injury or a loved one died as a result of alleged medical negligence, hiring an experienced lawyer could make a difference in the outcome of your case. If you do not have a lawyer and do not know where to find one, Litigation Funding Corporation can assist you in obtaining one, no matter what state you reside in. Once you have an attorney-of-record, the litigation process begins but may take many months or years to resolve.

For victims of medical negligence, litigation funding, also referred to as a “lawsuit loan,” is the only option they may have to avoid exhausting their financial resources. By applying for pre-settlement funding an approved plaintiff receives non-recourse funds in advance of their lawsuit. Non-recourse funding is contingent on the outcome of the case and repayment is only made if the case is won and compensation awarded.

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.

Woman with Dementia Dies After Auto Accident Allegedly Caused by Care Attendant

April 24, 2017

A 96-year-old woman with dementia died as a result of her injuries in a car accident. The woman was thrown from her wheelchair while being driven in a van belonging to an elderly care facility.

The woman, a retired teacher, was allegedly catapulted out of her wheelchair while riding in a van operated by an employee of an elder care company. Although the elderly woman was eventually taken to the hospital, she died four months later as a result of the injuries she sustained in the April 2014 accident.

The accident was allegedly caused when the van’s driver suddenly applied the brakes, causing the elderly woman to be thrown from the back of the van into the dashboard. As a result the woman sustained internal injuries and multiple broken bones.

According the eyewitnesses, the van’s driver did not call an ambulance but instead pulled into a parking lot and asked a trucker to help her lift the injured woman back into her wheelchair. The trucker and several others present in the parking lot strongly urged the young woman to call 911, but she refused to do so. Instead she took the woman back to her home and did not mentioning the accident to her family.

The elderly woman’s daughter and son filed a wrongful death lawsuit against the van’s 25-year-old driver alleging she caused serious injuries by not properly and safely strapping her passenger in prior to driving. The young driver was indicted by a grand jury for first-degree felony injury to an elderly person.

Court documents indicated that the driver failed to seek adequate medical treatment for her passenger after the accident. Furthermore, the driver’s employer did not report the incident as required by federal regulations and allegedly shredded paperwork indicating the van’s driver worked for them.

In filing a wrongful death lawsuit, the family may face several years of litigation before a verdict or settlement is reached, leaving them with extra expenses, including funeral and burial costs. If the family did not have much in terms of life insurance, or had no insurance or other alternative sources of funding, they may be eligible for a “lawsuit loan.”

The main objective in financing a lawsuit is easing the financial load on cash strapped plaintiffs and allowing them to decline an early settlement offer from a rapacious insurance company. Pre-settlement funding also demonstrates to the plaintiff that they are likely to receive the compensation they are hoping to obtain. Litigation funding may be the right financial lifeline at the right time.

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.

Undiagnosed Brain Tumor Leads to Death of 13-Year-Old Girl

March 29, 2017

A 13-year-old girl, in this wrongful death case, first went to a doctor in February 2016 complaining of bad headaches. She was diagnosed with migraines and was sent home.

During the first visit at the doctor, the girl was told to return if she kept having headaches or if she started to throw up. Two months later the girl went back to the doctor’s office on at least two separate occasions complaining of ongoing headaches, a numb tongue and vomiting. She was given a prescription for migraines.

In May 2016, while the girl was at the emergency room she stopped breathing twice and became unresponsive. At no point did the medical staff order a CT scan and instead suggested her non-responsiveness was behavioral in origin and that she may be faking her symptoms. Hours later the 13-year-old’s pupils became different sizes prompting a CT scan that revealed a massive tumor that had caused fluid to build up in the brain. The resulting pressure destroyed all neurological functions. Despite surgery, she was declared brain dead and her parents removed her from life support.

Her parents filed a medical negligence wrongful death lawsuit alleging that if the doctors had been more diligent in their diagnosis and treatment when her symptoms first manifested, their daughter may still be alive. According to the documents filed in this case, the numb tongue, nausea, severe migraines and vision problems were classic signals of a pediatric brain tumor.

Even though the parents in this case decided to file a lawsuit, they cannot wait to deal with pressing financial necessities, such as the medical bills from their daughter’s stay in hospital, the surgery, and paying for her funeral and burial expenses.

In their search for an attorney to handle their case, they may have run across information about litigation funding, an option that may be the perfect solution for them. Once the family has hired a lawyer and filed a claim, they become eligible for a “lawsuit loan”, also referred to as pre-settlement funding.

A “lawsuit loan” helps the plaintiff to cope financially while waiting for a fair and equitable settlement or jury verdict. Obtaining pre-settlement funding means the plaintiff does not have to deal with insurance companies, urging them to settle for less than they may get in court.

Medical Malpractice Lawsuits Ends with 1.2 Million Award

February 24, 2017

A woman in severe pain went to the emergency room at her local hospital. While moving to an exam room she stated she was dizzy and needed to stop. The resident assisting the woman walk left to find help. The woman fainted and fell, seriously injuring her neck and elbow.

Subsequently, the woman filed a medical malpractice lawsuit alleging the hospital had deviated from accepted medical practice when she was allowed to walk and when the resident left her when she stated she was dizzy. As a result of the fall, the woman required surgery.

According to defense counsel the woman’s vital signs and examination on admission were considered to be normal and that her fainting was an unforeseeable event. Given the fact that she appeared to be normal, the resident had acted reasonably in letting her walk and then leaving her to go find help when she stated she was dizzy.

The trial jury found the hospital was not negligent in allowing the plaintiff to walk, but was responsible for leaving her alone when she stated she was feeling faint. The award was $1.2 million, with $600,000 earmarked for damages for past pain and suffering and $100,000 for future pain and suffering, plus other related medical costs.

Prior to filing a lawsuit, most individuals think it is a straightforward matter, which is usually not the case. Getting a lawsuit through the legal system typically strains a plaintiff’s finances. One option to cope with the mounting expenses is to apply for pre-settlement funding. A lawsuit loan, also known as pre-settlement funding, is a non-recourse cash advance to qualified plaintiffs to help them pay bills and other expanses. It also allows the plaintiff’s attorney-of-record the time to achieve a fair and full settlement.

There are no upfront fees, no credit checks, no employment verifications and no monthly fees. 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 waived.

In order to apply for a lawsuit loan, the first step is to retain an attorney. Once that has been done one of our funding specialists can help you understand the litigation funding process and whether it is right for you. Once case documentation arrives from your attorney, we determine if the case has merit. If approved for litigation funding, the cash can be available within 1-2 days of signing the contract.

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.

Two Hospitals Allegedly Failed to Provide Proper Treatment to Mother and Son

January 30, 2017

Two hospitals allegedly failed to provide proper treatment to a pregnant mother. Her unborn son allegedly sustained severe lifelong injuries that prevent him from being able to stand, crawl or walk.

According to the information filed in this court case, the defendants allegedly failed to provide prudent and proper medical care to the pregnant plaintiff and in failing to do so caused permanent and catastrophic injuries to her baby. The baby, now four years old, is disabled for the rest of his life and will never live independently, requires around-the-clock skilled care, cannot go to school and will not be able to hold a job.

Information submitted in the lawsuit indicated the pregnant mother was having a difficult time with nausea, headaches, dizziness, backaches and possible decreased fetal movement. She was experiencing these multiple symptoms three weeks in advance of her due date and went to her local medical center to be evaluated. She was not assessed, did not receive an ultrasound or have a biophysical profile completed. Instead, she was sent home.

The mother went back to the medical center the next morning where another obstetrician scheduled a C-section for her for the following day. When the baby was delivered he displayed seizures, apnea, poor color and tone. He was transferred to an intensive care unit and stayed there for 12 days. While in the neonatal intensive care unit, it is alleged, staff did not monitor his ventilator settings, which resulted in low CO2 blood levels.

When a loved one sustains serious injuries due to medical negligence, the family may wish to file a medical negligence lawsuit. However, while waiting for the case to move forward, they cannot wait to deal with financial necessities. Litigation funding may be the perfect solution. If the family hires an attorney and files a claim, they are eligible for pre-settlement funding.

A lawsuit loan is a fast cash advance against a pending lawsuit that acts to supplement a plaintiff’s loss of income. The cash advance helps victims cope financially while they wait for fair compensation. Without the pressing necessity of trying to find funds to pay for bills, the plaintiff may wait to have their case resolved and they do not need to settle for less than the potential full value of their case.

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