Misdiagnosis and failure to diagnose are two of the most common issues in medical malpractice. If you have lost a loved one due to a medical professional’s misdiagnosis, you can file a lawsuit for their negligence. But, waiting for a settlement can take months or years. During this time, you may run out of cash, but that doesn’t mean the bills stop coming in. A plaintiff who simply cannot endure a long litigation process can seek lawsuit funding.
A Ford County jury recently handed down a $950,000 verdict, the largest civil judgment in a medical malpractice case in the county’s 156-year history. Damages included $400,000 for pecuniary losses, $250,000 for pain and suffering, $200,000 for emotional distress and $100,000 for disability. The wrongful death lawsuit, filed in August 2011, alleged that the 73-year-old man died at Gibson City hospital following the misdiagnosis of his medical condition. On October 6, 2008, he went to the ER complaining of chest pain. Tests performed indicated his pain was a result of a peptic ulcer. While in the hospital, cardiac enzymes were drawn only once. The man was sent home and told to follow up with his primary-care physician, which he did the next day – and again two days later. On October 9, he was re-admitted to the ER and subjected to further testing. Despite fluctuations in his heart rate and pulse, the doctor failed to evaluate the patient for cardiac ischemia. Once again, he was discharged again and told to follow up with his primary-care physician. A day later, he was back at the ER with chest pains. This time he was transferred to a medical/surgical unit. According to the lawsuit, while there, his heart rate and pulse were not monitored. At trial, it was revealed that his heart had stopped beating 47 minutes before a “code blue” was called. The man died on October 12. An autopsy showed no ulcer and that the cause of death was actually “hem pericardium with a transmural rupture of the left ventricle.” According to the lawsuit, if the man had been accurately and timely diagnosed, the blockage in his left anterior descending coronary artery could have been repaired with a stent or coronary artery bypass grafting.
Nothing can ever replace the loss of a loved one, but Lawsuit Financial is happy that the wife of the deceased was able to seek justice. While we don’t know her financial situation, this case would have been eligible for lawsuit funding. A lawsuit cash advance would have ensured that her expenses were covered until the case reached a settlement. This type of financing is not provided against assets; rather it is against the potential settlement of the case. That means there is no need for a credit check or employment verification. The cash advance is simply repaid once the case successfully settles. Had this plaintiff applied for, and received, lawsuit funding from Lawsuit Financial and lost her case, we would not require repayment of the cash advance. That is because we assume all the risks when funding clients.
If you have lost a loved one due to a misdiagnosis, you may be entitled to a monetary recovery by filing a wrongful death lawsuit. Once you have legal representation, if you are considering lawsuit funding, contact Lawsuit Financial or complete our online contact form. You could receive financial assistance within 24 – 48 hours.