After Five Years, Family Obtains Justice in Cerebral Palsy Case

Medical professionals should be held accountable for delays in diagnosis that lead to life-long damages. Errors left unpunished are far more likely to be repeated. Unfortunately, many times plaintiffs can’t afford to pursue legal action due to financial constraints during a long litigation process.  This is where medical malpractice lawsuit funding may help.

According to a medical malpractice lawsuit, St. Charles Hospital and an obstetric nurse failed to properly monitor a pregnant mother and her fetus, missed important signs that the baby was in distress, and then failed to take corrective action resulting in the baby being born with severe brain injury and suffering a form of cerebral palsy.  The suit claimed that if the nursing team communicated with the obstetrician just 15 minutes sooner, and delivered the baby, this tragedy could have been avoided.  The child, now ten-years-old, will be confined to a wheelchair for the rest of her life.

After a four year legal battle, the family was awarded a $130 million settlement, the second-largest medical malpractice verdict in New York.  The defense attorneys have declared a “jury out of control” and calling for more tort reform.  An appeal is expected.

One point worth noting in this case is that the hospital offered to settle the case in 2008 for $8 million. The plaintiff’s attorney felt the offer was not enough to cover the damages done to this young victim and her family nor to cover a lifetime of care, hence the plaintiff declined the offer.  Although the case took nearly five years to settle, the couple is happy to know their daughter will be provided for their rest of her life.

I don’t know this family’s financial situation, but I would guess that the medical expenses alone left them financially strapped.  During this long ordeal, they may have qualified for litigation funding, a non-recourse cash advance against their pending lawsuit.  If the defendant files for an appeal, litigation funding can still be an option to alleviate some financial burdens.

When a plaintiff is dealing will the loss of income and mounting unpaid bills, lawsuit funding can be the emergency cash needed while the plaintiffs' attorney focuses on seeking full compensation.  Funding is based solely on the strength of the case; if the case is reviewed and appears to be winnable, the application will likely be approved with funds available within 24 - 48 hours. No money is owed until the case successfully settles at which time repayment is made from the proceeds of the case.  If the plaintiff loses the case, repayment is waived completely.

If you have filed, or plan to file, a medical malpractice lawsuit and are represented by an attorney, you may be eligible for medical malpractice lawsuit funding.  For a free consultation or to apply, contact LawsuitFinancial.