Posted On: February 7, 2011 by Mark Bello of Lawsuit Financial Corp.

Retrial in Wrongful Death of Woman who Drowned in Hospital

An expectant mother, hospitalized with preeclampsia, collapsed and drowned in a hospital shower after being told there was no risk to her showering without assistance or someone in the room. A wrongful death lawsuit was filed alleging that hospital staff should have known the woman was too weak to shower, especially unattended. The first trial ended in a hung jury.

During a re-trial, the plaintiff alleged that the hospital altered medical records and withheld evidence in the first trial which stretched into a six-year legal battle. The defense turned over tapes from two cameras, yet admitted there were three cameras outside the woman’s room. Furthermore, there was a 30 minute gap when no activity was shown on the tapes. The defense claimed that is due to a routine process of changing out the tapes.

The jury found that the hospital staff violated policies and procedures regarding assessing a patient's condition, determining fall risk, and showering unassisted, and awarded in favor of the plaintiff. The defendant claims the nurses did properly check on the patient and that no one tampered with evidence. Furthermore, they believe that after much analysis over the last eight years the evidence does not support the verdict. The defense plans to appeal the case.

This family has endured medical expenses, funeral expenses, and pain and suffering, yet there is still no settlement. After six long years, the family finally felt they received justice in their wrongful death lawsuit, but are still unable to collect a dime. Why, because it is only a verdict. What if the defense does appeal this case? How many more years will they have to wait? How much longer will they suffer, physically and financially, due to the negligence of the hospital staff? When will this family finally have closure? How much longer will the plaintiff suffer without compensation, without justice? Could he receive nothing, after all of these years; after battling so hard, for so long?

The family has been on an emotional and financial roller coaster. Sadly, this case is not unique. Many victims of personal injuries never receive the compensation they deserve. The grief that follows the loss of a loved one can be overwhelming. The last things family members want to think about after the death of a loved one are expenses of death (funeral expenses, medical bills, outstanding household bills and charges) that must be settled. They are simply trying to adjust to life without a loved one. Fortunately, lawsuit funding can provide some relief to those who have waited an obscene amount of time for simple justice.

Pursuing wrongful death litigation is a complicated process; cases often take years to resolve. The litigant is, almost always, dealing with large corporations and/or insurance companies who delay the process to their financial advantage. Lawsuit funding provides assistance to surviving family members for expected and unexpected costs that arise while the litigation is pending. Repayment is contingent upon litigation outcome; there are no payments to be made and your credit score is not relevant. With lawsuit funding, a family can focus on healing, rather than calculating expenses or worrying about how they will pay their bills. Our litigation funding professionals will evaluate your wrongful death lawsuit funding and can typically provide the funds you need within 24 – 48 hours of case evaluation. Call us toll free at 1-877-377-SUIT (7848) for a free analysis of your situation. The call is free; the advice is priceless!