According to a recent survey by the National Patient Safety Foundation (NPSF), one of the leading causes of death in the United States is medical error. The Personal Injury Bureau (PIB) suggests that approximately 400,000 deaths in 2014 were the result of surgical and other medical errors. Both studies indicate that serious to catastrophic surgical mistakes are more common than patients think and such mistakes may include, but are not limited to: items left inside a body cavity, the wrong organ removed, the wrong limb removed, the wrong side of the body operated on and surgical fires.
Deviation from the higher standard of care expected from medical personnel and in particular surgeons, may result in an incorrect diagnosis, botched treatment and post-operative care, permanent damage to the patient or a loss of life.
This story outlines the heartbreak one family endured when their infant was allegedly subjected to 25 experimental surgeries.
The child was born in 2009 with a leak in his esophagus, a condition considered non-life-threatening. In what the surgeon suggested was an attempt to help the infant, Dr. Mark Holterman performed 25 operations over a 17-month period, or approximately 2 operations per month. Now the child suffers from irreversible brain injury and cerebral palsy.
The infant’s family Filed a medical malpractice lawsuit alleging the operations showed a lack of oversight on the part of the hospital and that the surgeon was irresponsible and medically negligent. The plaintiff obtained a $30 million settlement, considered to be the fourth largest medical malpractice settlement in Illinois involving a child.
The unbelievable expenses this family faced were most like astronomical. One option they could have pursued to deal with the staggering medical bills while waiting for a settlement would have been to apply for a “lawsuit loan” from a litigation funding company. Pre-settlement litigation funding is a non-recourse cash advance awarded strictly on the strength of the case. Applying for litigation funding takes less than five minutes and with the cooperation of the attorney-of-record, the lawsuit cash advance can be sent to an approved plaintiff within 48 hours of their initial application. Plaintiffs do not make any payments other than a pre-determined lump sum on successful settlement or court verdict. If the lawsuit is lost, the plaintiff keeps the litigation funding free of charge.