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.
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Officer and Bar to Pay $2.25 Million In Fatal Car Crash
A police officer and the bar which served her were held accountable for a fatal car crash caused by drunk driving. They will pay a total of $2.255 million for the wrongful death of four people and the injuries to another man, reports St. Louis Today.
The lawsuit claimed the police officer had consumed a “high quantity” of alcohol at O’Leary’s Restaurant and Bar and the employees at the bar knew she was intoxicated and did not stop her from driving or call her a cab. Despite her slurred speech and unsteady walk, the bar continued to serve her alcohol. After leaving the bar, the officer crashed her car into a Honda with five students from India.
The driver of the car hit by the police officer suffered a head injury, a fractured rib, liver trauma, lung contusion, […]
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Family Accepts $5.2 Million After Caesarean Section Death
The family of a 32-year-old woman who died following childbirth in 2007 has accepted $5.2 million from two doctors and the Albany Medical Center Hospital, reports the Albany Times Union. The settlement also includes mandated changes in procedures at the hospital.
After a normal and healthy pregnancy, the mother bled to death following a Caesarean section despite several calls to her primary obstetrician stating she was bleeding internally. After the third call, the doctor came to operate on the patient, but by then she had lost too much blood, the newspaper reported.
Instead of going to trial in August, the family accepted the settlement because they could not have won the non-monetary stipulations in a trial. These stipulations require the hospital to take specific steps to enhance patient safety.
Our attorneys at Munley, Munley, & Cartwright are experienced in medical malpractice lawsuits and will evaluate your case thoroughly and explore all potential sources of recovery – we fight to protect the rights of patients. […]
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$1.6 Million Awarded In College Basketball Player’s Death
According to the Associated Press, a jury has awarded parents $1.6 million in their medical malpractice lawsuit filed following their son’s death on an Eastern Connecticut State University basketball court.
The 22-year-old senior collapsed during a basketball game in 2005. The parents alleged the doctor who examined him in 2001 should have found the congenital heart defect known as hypertrophic cardiomyopathy. The doctor found him to be in excellent health and signed his college medical form.
The doctor scheduled an echocardiogram for the young man after the examination, but he did not show up for the test.
Our attorneys at Munley, Munley, & Cartwright are experienced in medical malpractice lawsuits and will evaluate your case thoroughly and explore all potential sources of recovery – we fight to protect the rights of patients. If you or a loved one has been harmed by medical negligence, […]
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Patients Undergo Risky, Unnecessary Medical Procedure
The Baltimore Sun reports hundreds of heart patients from St. Joseph Medical Center in Towson, Maryland may have undergone an unnecessary medical procedure. St. Joseph Medical Center calls itself the busiest heart catheterization center in Maryland, and is thought of as one of the primary cardiac care facilities in the area.
At least 369 patients have received letters informing them they may have received expensive and potentially dangerous coronary stents they did not need. At the time of their surgery the patients were told they needed the stent to open an artery which had severe blockage. They have since learned their blockage was only minor.
Dr. Mark Midei is the only doctor implicated in the hospital investigation so far. He allegedly told patients they had up to a 90 percent blockage, when in fact they had only a 10 percent blockage. In other patients, he placed two stents when only one was necessary. […]
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Boy’s Parents Awarded $22.3M In Medical Negligence Suit
The Chicago Sun-Times reports a Cook County jury has awarded the parents of a 10-year-old boy $22.3 million in a medical negligence case that resulted in the loss of the boy’s leg shortly after his birth.
The young boy was born in May 1999 with a congenital heart defect which required a shunt procedure performed at Advocate Christ Medical Center/Hope Children’s Hospital in Oak Lawn, Illinois. Two weeks after being sent home, the parents returned the infant to the emergency room.
The lawsuit alleged his left leg had to be amputated due to mistakes made in the operating room. The child also suffers from cognitive deficiencies and developmental delays alleged to be caused by the delayed treatment and cardiac catheterization.
The jury found the hospital and staff were negligent in failing to diagnose the infant’s shunt problems in time and subjecting him to an unnecessary catheterization. […]
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