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New & Notes for Personal Injury Lawyers & Their Clients

Suspicious Breast Tissue Not Properly Examined: Death and Lawsuit Follow

April 04, 2010 @ 09:57 AM — by Mark Johnson

Misdiagnosis or non-diagnosis can lead to tragedy.  Tragedy often results in litigation.  People involved in serious consequence personal injury or medical malpractice litigation will often qualify for a service known as lawsuit funding.

In this New York case, a 27 year old mom died leaving infant twins behind because her doctor failed to properly deal with suspicious breast tissue. It is absolutely crucial that pregnant women have any lumps checked immediately as hormones feed cancer if it is present and spread the cells rapidly.

This young woman told her gynecologist during her first month of pregnancy that she had a lump in her breast. She was referred to a radiology clinic and had a sonogram. The radiologist said the lump was benign. The woman wasn’t content with that answer, as the limp kept growing during her pregnancy.

The gynecologist didn’t order any more tests and told her she was fine. Eight months into the pregnancy the lump at reached a huge mass and the gynecologist finally sent the woman to a breast surgeon. While a biopsy was done, it was too late. She already had Stage IV breast cancer;  there was no cure.

In the seven months from the discovery of the lump, the cancer had also spread to her liver, bones and brain. Even though she finally had chemotherapy, radiation therapy, a mastectomy and lymph node dissection, it was, too little, too late. She leaves behind a grieving husband and beautiful infant twins.

The doctors said their original diagnosis was accurate. The family’s attorney hired an expert radiologist who said the sonogram interpretation was incorrect; if it had been read correctly, she would have lived.

A lawsuit in this case is probable.  These cases turn on medical evidence and the correct interpretation of that evidence.  It will be a battel of experts and an application of common sense, by attorneys in settlement negotiations or by a jury in considering a verdict.  This will be a long, hard-fought battle.

The woman’s husband might be interested to know that, while the case is pending, he can apply for  legal finance services; funding that would allow him to pay regular bills and extraordinary bills associated with her illness and subsequent death. The woman’s wrongful death was devastating and it left a father with two babies and very little help. The expenses to care for the children and handle the medical bills as well could be difficult for the average family to handle.  Lawsuit funding pays those bills now and allows the family to await justice in the case.    Repayment of a lawsuit cash advance will only be required out of final case proceeds and only if the case is settled or a verdict in their favor is achieved.  You read that correctly; if the client loses the case, the client does not have to repay the money!

Litigation funding would offer this family, and families in similar situations caused by medical malpractice, auto accidentsslip and falls, or construction accidents, the respite they need to immediately take care of medical expenses and put their shattered lives in order and get on with caring for the twins. Legal funding isn’t difficult to get. It usually only takes one phone call or website visit with funding received within 48 hours or less. People’s lives don’t stop because someone died and neither do the bills. Lawsuit financing will often make good strategic sense.  With financial pressure to settle a valuable case too early for too little removed, the family has the time it needs to see to it that the case receives justice and the family receives appropriate compensation. 

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