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Jury Rules That Mastectomy was Unnecessary, Awards Damages

This case is every woman’s worst nightmare. A woman underwent a modified radical mastectomy, then discovered that the procedure was unnecessary.

In 2008, her doctor discovered a large lump in her right breast in the same location she’d had a lumpectomy 17 months earlier. The biopsy tissue was sent to a lab for testing; the pathologist found no signs of malignancy or any other atypical cells. The woman’s medical malpractice lawsuit indicated that the doctor should not have diagnosed her with recurrent breast cancer without any radiographic studies or further tissue biopsies.

At trial, despite the lab findings, the doctor stood by his diagnosis. He indicated that his initial diagnosis, before the first lumpectomy, was that the patient had one of the most aggressive types of breast cancer and that the surgery was necessary. The jury did not agree with the doctor and awarded the woman $189,200.00.

This is a tough case for any woman. Dealing with breast cancer, and the unnecessary loss of her breasts should be enough. But women in these situations must deal with the stress of a lawsuit, a public airing of their private parts and, at the same time, struggle with health and financial issues caused by their condition. “How can I miss all of this time from work? How am I going to pay these additional bills? Will I get better? What about the mortgage, rent, car payments, utilities, tuition?”

It is actually quite easy for a person involved in a lawsuit to find the money to pay for these important bills and expenses while trying to heal and litigate the case. Woman in these situations can apply for lawsuit funding from a professional, caring legal finance company.

Pre-settlement funding is fast cash given to a plaintiff in advance of their jury verdict or settlement. The award is usually based on the lawyer’s opinion of the potential success of the case and its potential value. If the case has a reasonable chance to be successful, the plaintiff should qualify for some level of litigation funding. If a plaintiff qualifies, a lawsuit cash advance will dispense, by check or wire, with 24-48 hours of the legal funding company’s approval. Because of the risk involved, these lawsuit financing transactions tend to be on the expensive side, so it is advised that the money be used for an important purpose.

A “lawsuit loan” is often a good strategic move for the plaintiff; if the financial pressure to resolve the case to pay important bills and expenses is removed, the plaintiff can reject inadequate offers and wait, patiently, for a fair one. He/she can follow the expert advice of his/her professional, experienced trial lawyer. Who does that hurt? The insurance company and the offending doctor, that’s who. So, call an experienced lawsuit funding company today. The call is free; the advice is priceless.