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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Parents Sue Day Care Center in Child’s Death
According to the Philadelphia Daily News, the parents of a 2-year-old boy will sue Fairy Tales Daycare and its owners in the boy’s death.
On July 1, 2009, the child died after being left in the back seat of a locked van with the windows rolled up and temperatures exceeding 80 degrees. The lawsuit alleges the boy’s parents paid their neighbor and co-owner of the daycare center to take the child to the center at least three times a week.
On this day, however, the child was left in the van where he was not discovered until about 4:30 pm in the afternoon. He was rushed to the hospital where he was pronounced dead of heat stroke, also known as hyperthermia.
No criminal charges have been filed in the case.
The Scranton, Pennsylvania attorneys of Munley, Munley & Cartwright have years of experience representing the survivors of wrongful death victims. […]
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$10 Million Awarded to Amputee in Houston Medical Malpractice Lawsuit
Man has leg, fingers, and toes unnecessarily amputated due to botched procedure
According to the Houston Chronicle, a Harris County jury has awarded a Houston man $10 million in a lawsuit filed against Methodist Hospital and the doctors who treated him there.
In 2002, the man underwent heart surgery for an improperly functioning valve. After the surgery, he developed gangrene and had to have multiple amputations, including his left leg above the knee, his fingers and the toes on his right foot.
The lawsuit alleged Methodist Hospital failed to monitor the patient properly for blood disorders after they administered the drug Heparin. Heparin is a widely used blood thinner that is known to have side effects including immunological reactions that cause excess bleeding. This, alleged the plaintiff, resulted in the development of gangrene.
If you or a loved one in Pennsylvania has been harmed by a medical mistake, […]
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Woman Settles Flesh-Eating-Bacteria Medical Malpractice Lawsuit
The Orlando Sentinel reports a woman who ended up having both arms and legs amputated, allegedly due to a flesh-eating-bacteria, has settled her lawsuit against the hospital for an undisclosed amount.
After delivering a son at the Orlando Regional Healthcare System, Inc. (now called Orlando Health) in 2005, the woman developed a rash, fever, chills and other symptoms. The next day, even though she was in extreme pain the hospital tried to discharge her, according to her lawsuit, but her husband refused to take her home, and the following day surgery revealed she had gangrene in her belly.
Her condition grew worse and it was determined her body was being ravaged by Group A Streptococcal infection – a flesh eating bacteria. In hopes of saving her life, health care personnel amputated all four of her limbs. She is now confined to a motorized wheelchair.
Medical negligence is the result of a health care provider’s failure to provide the expected standard of care. […]
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Neurosurgeons Sued For Alleged Malpractice On Child’s Surgery
The parents of 5-year-old Katie have sued North Shore University Hospital and their star neurosurgeons for a spine operation that left the child unable to touch her toes, walk upstairs, and in constant pain.
The parents allege the surgery was unnecessary, reports the NY Daily News.
Before the surgery, which the surgeons claimed would help alleviate a rare brain defect known as Chiari Malformation, Katie was happy and active, riding her two wheeler and playing soccer, the parents alleged.
Katie’s parents are among at least four other families suing Doctors Thomas Milhorat and Paolo Bolognese for alleged unnecessary surgeries that inflicted further harm to the patients, according to the newspaper.
If you or a loved one has been harmed by a form of medical negligence, you may have a medical malpractice claim. Our attorneys at Munley Law are experienced and successful medical malpractice litigators and we fight to protect the rights of patients. […]
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Personal Injury Hazard Leads to Another Off-Road Utility Vehicle Recall
In cooperation with the CPSC, Bush Hog Off-Road Utility Vehicles have been recalled by the manufacturer, Bush Hog LLC, of Selma, Alabama. About 580 of these vehicles have been sold by Bush Hog dealers nationwide from April 2008 to December, 2008 and costs between $8.000 and $10,000. They were made in the United States.
The recall includes Models TH4400 (Trail Hand) and 4430 4X4 Off –Road utility vehicles and have Bush Hog printed on the cargo bed tail gate and on each side of the cargo bed. The hoods are red, green, or mossy oak.
The vehicle’s throttle cable can lock in freezing temperatures causing the engine not to return to idle when the driver takes his foot off the accelerator pedal, creating a potential loss of control of the vehicle.
Consumers should stop using the product immediately and contact a Bush Hog dealer to schedule a free inspection and repair. […]
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