Claim

What is a Claim?

A claim is a legal action concerning physical or mental harm suffered by the plaintiff due to the defendant’s negligence. In the case of insurance claims, it is a request made by the insured to the insurance company for coverage and compensation for damage or injury. A claim is sometimes also referred to as a Cause of Action.

What is a Claim?

Cornell Law School’s Legal Information Institute defines a claim as, “a set of operative facts creating a right enforceable in court.” Making a claim is how the process of a plaintiff filing a lawsuit and eventually receiving damages from a defendant begins. A claim must be present in order for a lawsuit to go forward. If one is not present in a specific instance, then that lawsuit will be dismissed. Examples of types of claims include claims to insurance companies, personal injury claims in cases of negligence, claims on breaches of contract, property claims, and employment claims such as unpaid wages, wrongful termination, or discrimination. A defendant may make a counterclaim against the claim of a plaintiff.

Claims can sometimes be dismissed even if there is an intent to file a lawsuit. Rulings in cases such as Ashcroft v. IQBAL and Bell Atlantic v. Twombly have determined that claims need to contain important information. They must be plausible on their own and establish a likelihood of liability. This is how claims can lead to fair compensation, resolution of disputes, and protection of rights.

More information about Claim

NC Medical System Charged with Negligence to Pay $25 Million

A father has been awarded $25 million by a Cumberland County, North Carolina jury after finding the Cape Fear Valley Health System negligent in reporting signs of child abuse against the man’s son. The boy, who lived with his mother at the time, eventually suffered brain injury after additional abuse.

FayObserver.com reports that the lawsuit alleged if the hospital had reported signs of child abuse when the boy was initially treated for a broken wrist and other broken bones that he would not have received a beating later that “caved in his skull and took away his ability to talk or use his arms and legs.”

The young boy was taken to the Cape Fear Valley Medical Center in 2003 when he was six years old. At the time he had surgery on his wrist, he was also vomiting, and further x-rays revealed an old rib fracture. […]

Pennsylvania Woman Awarded $23 Million in Medical Malpractice Case

WFMZ-TV reports a Lehigh County, Pennsylvania jury has awarded a Lehighton woman $23 million in a medical malpractice case. The woman had both legs amputated after her home care nurse failed to evaluate and report an infected catheter for appropriate treatment.

The lawsuit alleged the delay in reporting the infection led to a bloodstream infection that ultimately required the woman’s legs to be amputated below the knees.

The jury found the nurse and her employer, St. Luke’s Miners Memorial Home Care, negligent in caring for the plaintiff.

A spokesman for St. Luke’s said, “As with all malpractice cases, this is a complicated situation, but the resultant jury award is excessive and shocks the conscience.” The spokesman did not indicate if they would appeal the verdict.

If you or a loved one has been harmed by a form of medical negligence, […]

North Carolina Physician’s Assistant Found Negligent in Mother’s Death

A physician’s assistant (PA) was found negligent in the death of a 42-year-old woman from congestive heart failure less than two months after giving birth to twins at The McDowell Hospital in Marion, NC. The lawsuit was brought by the husband who claimed the defendants did not do all they could to save the life of his wife.

The man will be awarded $667,000 in the case where he was seeking $6.8 million. The suit was filed against seven doctors, one physician’s assistant, Asheville Radiology, The McDowell Hospital and McDowell Emergency Physicians. Most of the defendants settled out of court, however, two doctors, the PA and McDowell Emergency Physicians took the case to court.

The woman was diagnosed with pneumonia after giving birth in February, 2008, and was prescribed a medication for treatment upon her discharge. Suffering from shortness of breath and nausea, the woman returned to the emergency room several times within the following weeks and was again treated for pneumonia. […]

Contra Costa County to Pay Over $13 Million in Wrongful Death Lawsuits

Last week, Contra Costa County was ordered to pay over $13 million to settle two separate lawsuits. In one case they will pay $1.5 million to the family of a man shot by sheriffs in a wrongful death claim. The second suit requires they pay $11.7 million to the family of a man who died in a crash on a county road.

The county will pay $1.5 million in the case of a man who was shot in 2009 in the emergency room at Contra Costa Regional Medical Center. The man had checked himself in for the treatment of alcohol withdrawal symptoms. He became agitated and attempted to cut the restraints off himself with a knife. His children, who filed the lawsuit, claimed the deputies used excessive force.

In the other case, jurors found the county failed to keep the road safe during road resurfacing work after a man died when he was struck by a vehicle that ran off the road after he stopped to help another driver. […]

Car Accident Round-Up – Teens Involved in Serious VA and NY Accidents

Car accidents claim lives around the United States

Teenagers Die in VA Car Accident
A car accident in Portsmouth, VA late Saturday night left two teenagers dead and one seriously injured. The accident that occurred on Elmhurst Lane near Victory Boulevard apparently was the result of speeding. The car swerved off the road then struck several trees and a utility pole ejecting two of the occupants and pinning the third in the car. The two girls that died were 16-years-old. The third occupant, a 17-year-old male, was hospitalized with unspecified injuries. Police are unsure of who was driving the car.

Former KY Governor’s Son Dead After Single-Car Wreck
According to the Lexington-Herald Leader, former Kentucky governor Julian Carroll’s son, Bradley, died in a single-car accident Sunday in Franklin County, KY. Carroll was traveling south on US 421 near the Versailles Road overpass when his Ford Explorer went off the right side of the road, […]

Iowa to Pay $875K After Hospital Error Resulted in Amputation of Leg

The Des Moines Register reports that the state of Iowa has settled a lawsuit filed against the University of Iowa Hospitals and Clinics after a young girl went to the hospital in 2007 for a stomach surgery, and had to have her leg amputated after she developed compartment syndrome.

The state will pay $875,000 to the now 16-year-old girl who had her right leg amputated and her left leg now suffers a permanent foot drop. The suit alleged that the girl’s legs were elevated for over 10 hours causing increased pressure to build in her leg muscle compartments, leading to muscle and nerve damage.

The hospital is overseen by the Iowa Board of Regents and the State Appeals Board had to approve the settlement.

If you or a loved one has been harmed by a form of medical negligence, you may have a medical malpractice claim. […]

Lawsuit Settles for $650K After Sponge Left in Patient

The Good Samaritan Medical Center in West Palm Beach, Florida paid $650,000 to settle a lawsuit against a man with a “retained foreign object and medication error.” The man also reached a confidential settlement against two radiologists.

The now 68-year-old man was admitted to the hospital in October 2009 to undergo surgery for diverticulitis. His recovery was slow, and after five months he was in more pain than prior to his surgery. He went back to the doctor and had several X-rays and CT scans before the surgeon and gastrointestinal doctor found a surgical sponge in his stomach that had been left behind during surgery.

The man declined further treatment at Good Samaritan and went to another hospital to have the sponge removed and a portion of his intestines, due to perforation. The man also received an incorrect dosage of blood pressure medicine, however, he did not have any lasting issues over that error. […]

Colorado Medical Malpractice Suit Against Nurses Settled

Undocumented immigrant receives $700,000 in medical malpractice suit settlement

The Colorado Springs, city-owned Memorial Health System settled a lawsuit filed by an undocumented immigrant from Mexico who claimed her baby suffered severe brain injuries during delivery four years ago. The now four-year-old is a spastic quadriplegic who cannot stand, sit or walk, and has the intellectual level of a six-month-old.

The city paid $700,000 to the child because the care provided by the Memorial nurses and the doctor “fell below the standard of care” by failing to properly interpret fetal heart monitoring strips that showed the baby in distress during labor, having the mother hold her breath which further depleted the oxygen going to the baby and delivering the baby vaginally rather than performing a cesarean section.

The lawsuit only covered the negligence by the nurses. The doctor is employed by Peak Vista Community Health Centers which is a Federally Qualified Health Center. […]

Family Awarded $7 Million in Wrongful Death Claim

Man volunteered to drive church bus, gets hit and killed by tractor trailer

A widow and her two sons were awarded $6.7 million by a jury in Fresno County, California in the death of her husband who was struck by a tractor-trailer while filling the bus he had been driving with fuel. The wrongful death award also included over $500,000 for a nephew who witnessed the accident and has suffered from depression and post-traumatic stress disorder.

The deceased had volunteered to drive the Sierra Pines Church of Oakhurst bus. When he pulled over on the side of highway State Route 99 in Merced County to put fuel in the bus in April 2009, two approaching semis “became entangled as one attempted to pass the other.” One of the trailers hit the man and the bus.

Lawyers presented testimony, which led to a verdict well beyond the $3 million offered as settlement, […]

Widow Awarded $6.7 Million in Medical Malpractice Case

The widow of a man who died in 2005 after an ATV accident was awarded $6.7 million by a Maine jury in a medical malpractice case against Eastern Maine Medical Center in Bangor. The man was flown to the center after the accident, and according to the lawsuit, the doctors failed to follow up on tests indicating internal bleeding, that ultimately led to the man’s death.

The man arrived at the hospital suffering from several broken ribs, among other injuries, and CT scans ordered by the emergency department physician indicated there was also internal bleeding. The doctors caring for the man failed to follow up on the internal bleeding by not issuing an order for X-rays to monitor the bleeding, according to the suit. Three days later, the internal bleeding caused one of the man’s lungs to collapse, and the lack of oxygen precipitated a massive fatal heart attack. […]

San Diego Pays $1.8 Million in Wrongful Death Case

Family of motorcyclist sues city for not installing a traffic signal in wrongful death case

The family of a motorcyclist who was killed in an April 2009 auto accident sued the city of San Diego for wrongful death for failing to install a traffic signal at the intersection in which the man died. The City Council unanimously approved the settlement earlier this month, although they do not acknowledge any wrongdoing under the deal.

The accident occurred when the motorcycle was traveling northbound on Pacific Highway when a Toyota Corolla heading in the opposite direction turned left on Cedar Street in front of the cyclist. The cyclist was tried to veer out of the way, but struck the rear passenger side of the vehicle dying of traumatic head injuries.

The lawsuit claimed the accident was foreseeable and preventable. The suit claimed, “This turn lane’s position combined with the position of the then existing traffic signals gave drivers the confusing illusion they had the right-of-way on a green signal to turn left onto Cedar Street. […]

Wrongful Death Suit Filed After Student Killed in Crash

The family of a 19-year-old Kent State student who was killed when her car was struck by a cargo van on March 21, has filed a wrongful death lawsuit in Delaware against the driver of the van and his employer.

According to the Ohio Highway Patrol, the driver of a Dara Toy Company 2006 Chevrolet Express cargo van became distracted while reaching for his cell phone charger and lost control of his vehicle. The van crossed the highway median, all three southbound lanes and the rest area exit ramp before hitting the 2001 Pontiac Grand Am driven by Carli Woodruff as she was leaving the rest area.

Woodruff, a native of Loveland and an intervention specialist major, died at Grant Medical Center in Columbus.

The Scranton, Pennsylvania attorneys of Munley, Munley & Cartwright have years of experience representing the survivors of wrongful death victims. […]

$400,000 Awarded In Pennsylvania Breast Cancer Lawsuit

A Northampton woman has been awarded $400,000 in her malpractice suit against a Bethlehem doctor who did not diagnose her breast cancer properly. The jury found Dr. Mark Schadt negligent in his care of the woman.

In April 2004 she found two lumps in her breasts, and in May Dr. Schadt performed a fine-needle aspiration biopsy and the results were negative for breast cancer. In March 2005 the patient had a second fine-needle biopsy and the results were positive. A month later, after having an excisional biopsy, she was told she had invasive carcinoma stage III cancer. She had a radical mastectomy on the cancerous right breast and a simple mastectomy on her left breast.

The lawsuit alleged Dr. Shadt should have followed the first biopsy with a complete biopsy that would have removed a larger tissue sample to test.

If you or a loved one has been harmed by a form of medical negligence, […]

Wrongful Death Suit Filed After Boy Dies in Go-Kart Accident

Claiming the Horn Rapids Kart Track was negligently designed, maintained and operated, the parents of a 12-year-old boy killed in a go-kart accident there in 2008 have filed a wrongful death suit against the city of Richland, Washington and Tri-City Kart Club which leases the kart track from the city.

The young boy’s kart slid off the track during a hairpin turn, crossed a grassy slope and crashed through a wire cable fence at a high rate of speed. He died of injuries to his neck vertebrae and jugular vein. The boy was an experienced go-kart driver who had won events in his class just weeks before the accident.

Also named in the lawsuit are the mechanics who worked on the go-kart’s brakes immediately before the race, race organizers and the International Kart Federation.

If you or someone you love have been hurt or killed at an unsafe or badly maintained facility, […]

Mitsubishi Faces Wrongful Death Suit After Rollover Crash

The parents of a 17-year-old boy who was killed in 2009 when the 2000 Mitsubishi Montero in which he was riding rolled over has filed a wrongful death suit against the automaker, reports The Salem News.

The Ipswich, MA, teen and a 16-year-old girl were thrown from the back seat when the young driver who was unfamiliar with the road, lost control and rolled over on a curve just north of Route 60 in Revere. Both were killed.

The lawsuit claims the “unreasonably dangerous” design of the Montero is to blame and that Mitsubishi Motors North America is liable. This lawsuit adds to the already numerous ones around the country filed against Mitsubishi which alleges the SUV is top heavy – thus making it more likely to roll – and the manufacturer should have put an electronic stability control on all of its models. Claims of seat belts coming undone under stress and that the roof and pillars were more likely to collapse on Mitsubishi that on other vehicles have also been noted. […]

Doctor to Pay $3 Million for Birth Defects Suffered 18 Yrs Ago

PostStar.com reports a Warren County state Supreme Court has found a doctor should pay $3 million to a now 18-year-old girl who continues to suffer from birth defects.

The jury found Dr. Stephen Serlin, an OB/GYN should pay the girl who suffers from cerebral palsy and other health issues she suffers because of a brain injury at birth. Dr. Serlin was found to have “deviated from the acceptable standard of care” which was a large factor in the girl’s health issues.

He was called to the hospital at 5 a.m. to perform an emergency Cesarean section. He arrived 2 hours later and did not start the surgery until 8:14 am – a delay where the brain injury occurred. The baby suffered “fetal asphyxia” in the womb due to a compressed umbilical cord.

Birth traumas are injuries that happen to a newborn during labor and delivery. […]

Retailer Sued after Child Dies in Defective Crib

An Omaha retailer, Hayneedle, Inc., is being sued by the parents of a 1-year-old boy who was allegedly asphyxiated in a defective crib accident, reports BostonHerald.com.

Hayneedle operated as Netshops Inc. at the time of the child’s death in 2008. The child was in a Simplicity Ellis Deluxe 4-in-1 Convertible Sleep System crib when he got trapped between the crib’s mattress and the frame. He died at Sturdy Memorial Hospital in Attleboro on January 30, 2008.

The lawsuit alleges Hayneedle was grossly negligent in failing to warn them about the crib’s dangerous and defective characteristics, and of the proper method of assembling, using and maintaining the crib.

This death was a key factor in prompting the U.S. Consumer Product Safety Commission (CPSC) to recall full-size Simplicity cribs with tubular metal mattress-support frames in April. This construction poses a risk of serious injury or death due to entrapment, […]

Negligence Alleged in Lawsuit against City in Teen’s Death

In November 2009, a student was killed crossing the dangerous Luten Avenue outside Tottenville High School in Staten Island, New York, reports silive.com. Following the death of the straight-A student, the city installed traffic lights, concrete medians, and other safety devices along the street.

Her mother has filed a wrongful death suit against the NYDOT and the city alleging they failed to have the proper protection in place prior to her daughter’s death despite requests by public officials and the school’s principal for traffic signals. The senior high school student was crossing the street around 11:30 a.m. when a Nissan, which had stopped to allow her to cross, was rear-ended by another car, pushing it into the victim and pinning her under the rear-tire.

The victim underwent emergency surgery at Staten Island University Hospital, Ocean Breeze, but died six days later. Her mother contends her daughter did not receive proper medical treatment at the scene of the accident which resulted in her death. […]

Choking Hazard Causes American Eagle To Recall Toddler Girl’s Pants And Shorts

Clasp on the clothing can become detached and cause a choking hazard

According to Norwalkplus.com, clothing manufacturer American Eagle Outfitters has voluntarily recalled 1,200 pants and shorts for toddler girls due to the possibility of a choking hazard.

According to the Department of Consumer Protection, the Pittsburgh, PA-based clothing company and the U.S. Consumer Product Safety Commission announced the voluntary recall of several different girls’ clothing items.

Included in the recall were a variety of styles of jeans, pants, and shorts that have a metal clasp mounted at the waistline of the items. It is possible that the clasp can become detached from the waistline of the item and pose a choking hazard for toddler girls. Consumers have been urged to stop dressing their children in these items immediately and return them to the retailer.

American Eagle sold the items through www.77kids.com and their retail stores during the months of July and August 2010. […]

Toyota Set To Recall Sienna Mini-Vans Due To Possible Brake Failure

As if Toyota has not had its share of recall woes in recent months, the company is poised to announce another vehicle recall in January.

According to Reuters, Sienna mini-van owners are to be notified that there is a defect in the brake system that could reduce the vehicle’s ability to stop safely. Some 110,000 Sienna mini-vans will be involved in the recall, 92,000 of which are here in the U.S. The issue apparently involves the use of the parking brake which could damage the overall braking system.

According to Toyota officials, there have not been any accidents or injuries to date associated with this brake issue. However, a brake system failure is a critical issue and can result in fatalities for drivers of the vehicle and passengers.

The braking problem was supposedly corrected when Toyota installed differently designed parts on all Siennas that were manufactured after this past November 5. […]