Articles Tagged with Litigation Funding

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A woman recently settled a medical malpractice lawsuit in which she alleged negligence resulted in permanent urinary incontinence.

In 2012, a woman with multiple sclerosis underwent a hysterectomy. She claimed that during surgery the ureter was injured and as a result, a second surgery was required to re-implant the ureter. That surgery, she alleged, caused permanent urinary incontinence. The patient also stated that she would require surgery every four years in order to change batteries in the implant.

The defense disputed any violations in the standard of care and maintained that the patient’s incontinence was due to her pre-existing multiple sclerosis. The patient asserted that her multiple sclerosis was in remission at the time of the hysterectomy and she had not experienced incontinence for years prior to the surgery.

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Whether a healthcare facility is federally or privately funded, there must be a certain standard of care. When a hospital falls below this level of care, it can be held responsible. For patients who have suffered from hospital negligence in a federally funded facility, there are many more requirements to file a valid claim, and obtaining compensation can be nearly impossible without the help of an experienced medical malpractice attorney.

A medical malpractice lawsuit alleges that a woman died because a federally funded clinic ignored signs of breast cancer.

In September 2013, the woman went to the emergency room because of breast pain. At that time, she advised the ER doctor of a lump in her breast. The hospital, which is not a party to the lawsuit, released the patient with instructions to follow up her primary care physician should her symptoms continue.

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A medical malpractice or medical negligence claim is one filed by someone who feels they have been a victim of a medical error or mistake. A claim can also be filed by the family of a victim who was injured or died as a result of what is considered a medical error. The best course of action is to consult an experienced medical malpractice attorney who can determine if there is a viable legal claim.

Two Washington families filed lawsuits against a midwife after one baby died and another was left paralyzed.

One couple alleges that the midwife used excessive traction and pulled and twisted their son’s head and neck during delivery. The mother said when the baby emerged, his face was purple and his right arm was like a “limp noodle.” She claims that a friend who witnessed the birth called 911, but when the EMT’s arrived, the midwife turned them away. The infant received a brachial plexus injury and permanent nerve damage and paralysis in one arm, according to the lawsuit. The child will require care the rest of his life.

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A New Orleans woman is seeking damages, claiming that a dentist caused her physical pain.

A medical malpractice lawsuit filed last month states that the plaintiff was scheduled to have an apicoectomy (root end surgery). During surgery, the plaintiff alleges that the doctor injured her nasal cavity which resulted in both physical pain and financial stress. She seeks an undisclosed amount in damages.

When a victim of medical negligence, many people find that they simply do not have the financial assets needed to weather the storm without help. This is when litigation funding may be helpful. It is clearly something to consider if you find yourself asking your attorney to accept an inadequate settlement offer just because of serious financial need.

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A woman filed a medical malpractice lawsuit alleging negligence in the treatment of her son. She contends that a negligent medical procedure resulted in permanent injuries to her son.

According to the complaint, in January 2015, the child was taken to the medical facility and diagnosed with having a large cystic neoplasm. After a required CT scan, the suit says, an attempt to remove a tooth was not successful due to an extensive rush of blood. The child was transferred to a local children’s hospital to undergo another surgery. There he sustained respiratory failure following trauma and surgery, an acute ischemic left a middle cerebral artery (MCA) stroke and bleeding, according to the claim. The child was left with aphasia and right hemiparesis, the suit says.

The plaintiff alleges that the defendants failed to properly and adequately evaluate the cyst or tumor, leading to permanent and severe neurological disability. As a result, she suffered loss of earning capacity, medical expenses and mental anguish.

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When you are injured as a pedestrian, you may be able to file a lawsuit against the driver, vehicle owner, or employer responsible for your injuries if the driver was negligent.

A man was struck by an Access-A-Ride vehicle while in a Manhattan crosswalk. Access-A- Ride is a Metropolitan Transit Authority (MTA) program that provides transportation to disabled individuals who are unable to use public subways or buses.

As a result of the accident, the pedestrian suffered a traumatic brain injury and an exacerbation of psychological issues. The victim and his family filed a personal injury lawsuit against the owner of the vehicle and the company operating the vehicle.

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Guardrails must be properly constructed, meet any safety specifications, be installed properly, and serve as an adequate barrier between lanes and the sides of roads. They may not prevent an auto accident, but they will usually minimize the severity of injuries. Yet, several lawsuits in recent years, claim otherwise.

An Overland Park, Kansas man was killed after his truck left the roadway, hitting a guardrail that sliced through the vehicle. He was ejected from the vehicle and pronounced died at the scene. Investigators determined that the man was wearing a seat belt at the time, but the force of impact apparently caused him to break free of the restraints.

Serious injuries or death in an auto accident can leave the victim and his/her family with serious medical expenses, funeral and burial expenses, income loss, and other expenses. There is no reason why a victim should bear the burden of all this without holding the responsible parties liable.

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Louisiana State Police identified an Alexandria man as the deceased victim in a fiery I-10 crash.

The crash occurred as congestion slowed traffic around 5:30 pm. According to police, the driver of a Freightliner 18-wheeler failed to reduce speed as he approached the slower traffic. He struck the rear of a 2006 GMC Sierra, sending the Sierra off the side of the road. The semi continued forward, striking the rear of a 2004 Chevy Impala and pushing it into the back of another 18-wheeler. The momentum from the impact caused the second 18-wheeler to strike a 2004 Ford F-250.

The Impala was crushed between the two semis and a fire fully engulfed all three vehicles. The fire burned for about an hour and closed both sides of I-10; the Impala was unrecognizable when it was pulled from the wreckage. Its 26-year-old driver was pronounced dead at the scene; six other people in the chain-reaction crash sustained minor to moderate injuries.

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Two young women are dead after a three-vehicle crash on I-81 in Wythe County, Virginia.

According to Virginia State Police, a Honda Insight was traveling south on I-81 when it crossed the median, slamming into a Honda Civic head-on. The force of impact caused the Insight to spin around before it was struck by a pickup truck.

The driver of the Honda Insight was ejected from the vehicle and died at the scene. She was not wearing a seatbelt. A passenger in the Civic was also pronounced dead at the scene. The driver of the Civic was flown to an area hospital for serious, but non-life-threatening injuries. The driver and passenger in the Civic were both wearing seatbelts. The driver of the pickup truck and three passengers were treated for minor injuries. The crash remains under investigation at this time.

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Tiredness and fatigue can often affect one’s driving long before it is noticeable. In such cases, accidents are often more serious because reaction times are delayed or the driver fails to react at all. When a tractor trailer is involved, the results are even more devastating due to the weight and size of the truck. If a trucker drives beyond the regulated hours and fatigue sets in or he falls asleep behind the wheel, the driver and the trucking company may be liable for the accident.

A West Virginia woman filed a lawsuit against a commercial motor carrier and one of its drivers, alleging negligence resulted in the death of her husband.

According to the lawsuit, the commercial truck driver fell asleep behind the wheel, lost control, and struck the victim’s car. The plaintiff also alleges that the defendants failed to properly and adequately inspect the truck to ensure that the tires were safe and negligently placed the truck into service even when the treads were excessively worn. She seeks a trial by jury and compensation medical, funeral and burial expenses, lost earnings and loss of companionship.