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Small Hospital Faces Wrongful Death Lawsuit, the Fourth in Two Years

Any delay or failure to provide the appropriate standard of care could be grounds for a medical malpractice lawsuit. Compensation may be available for medical expenses, funeral and burial expenses, lost wages, pain and suffering and other damages.

A medical malpractice lawsuit alleges a surgeon ignored warnings from a nurse anesthetist, who said a patient could not be safely sedated because he weighted in excess of 330 pounds.

A 50-year-old man went to the hospital complaining that he felt a particle of food stuck in his throat. At the time of arrival, he was able to talk and breathe without difficulty. He was even joking with the hospital staff, according to the lawsuit.

The lawsuit states that a nurse anesthetist repeatedly warned the surgeon that he couldn’t safely sedate the patient due to his weight. The doctor overrode those concerns without informing the family, then had the patient sedated and began a surgical procedure to remove the lodged piece of food, according to the claim. During the procedure, the patient suffered breathing problems. He died despite attempts at resuscitation, the lawsuit states.

The lawsuit alleges there was no immediate need to perform the procedure; again, the patient was talking and breathing without difficulty. The suit says that the doctor could have waited to see if the food became dislodged on its own, or transferred the patient to a larger hospital more equipped to safely handle the needs of the patient.

Any time someone loses a loved one, it is devastating both emotionally and mentally. It may be shattering financially, as well. The financial and emotional roller coaster of a lawsuit is equally as painful as the loss.

If this family is in a compromised financial position, they should consider applying for pre-settlement lawsuit funding. A lawsuit cash advance can help ensure that expenses are covered until the case reaches a settlement. It can also be a benefit if the defendant files an appeal (often the case in medical malpractice claims) dragging out the case even longer.

Lawsuit funding 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. Repayment is contingent upon litigation outcome. If the case is lost, we do not require repayment of the cash advance. That is because we assume all the risks when funding clients. The same terms apply to appealed cases.

The application process is very user-friendly and may be done online or over the phone. Next, one of our professional staff members will request case documentation from the plaintiff’s attorney. Once the application has been reviewed, if the case is approved for funding, we will prepare a contract for signature by the plaintiff and his/her attorney. Funds will then be sent via overnight mail or wire transfer in less than 48 hours.

Pre-settlement lawsuit funding may not be for all plaintiffs, but it is worth researching if you are between a rock and a hard place without sufficient funds to handle unexpected bills and ordinary living expenses such as the rent/mortgage, groceries, utility bills, etc.