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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$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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Dakota Urology Clinic Sued for $5 Million in Medical Malpractice
Five plaintiffs are asking for $5 million in damages from the Siouxland Urology Center in Dakota Dunes, SD. claiming negligence, medical malpractice, and intentional infliction of emotional distress.
In the 22 page class-action lawsuit the patients claim Siouxland Urology breached the standard of care by re-using certain disposable medical equipment which caused damages to the patients. Manufacturers recommend the equipment used in cystoscopy procedures be used only once. Siouxland Urology denies any unsterilized equipment ever came into direct contact with patients.
South Dakota Department of Health has ordered the Center to change its cystoscopy practices and the Center is offering a free blood test to check for HIV and Hepatitis for the 5,200 affected patients.
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 Personal Injury Attorneys are experienced and successful medical malpractice litigators and we fight to protect the rights of patients. […]
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$3 million Settlement Reached in SC Medical Malpractice Lawsuit
Misread CT scan causes death of young girl
A 29-year-old mother of three has reached a settlement agreement with six doctors at the Chester Regional Medical Center in South Carolina for medical negligence which caused her daughter’s death in 2005.
According to the lawsuit, the young woman sought medical help at the emergency room on three occasions for severe abdominal pain. The CT scan was misread the first two times. On her third trip to the emergency room, the doctors and surgeons found she suffered from a twisted bowel and performed surgery. They found her intestine was dead because the blood supply had been cut off. She died the night of her operation from her untreated medical condition.
The lawsuit alleges if the CT scan had been read correctly the first time at the emergency room, the condition could have been corrected and the young woman’s life would have been saved. […]
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$11 Million Verdict Awarded For Death of Brain Injury Victim
Largest verdict awarded against assisted living facility in the United States
An Arizona jury has awarded $11 million to the widow of a 36-year-old man with traumatic brain injury who died after ingesting foreign objects at an assisted living facility.
The verdict included $2 million for the decedent, $5 million for the wife and $4 million in punitive damages. Attorneys in the case say it is the largest verdict ever awarded against an assisted living facility in the United States.
It is indeed tragic when a person with a traumatic brain injury (TBI) does not receive proper care. We at Munley, Munley & Cartwright are committed to handling claims of Pennsylvania individuals sustaining traumatic brain injury. We are committed to spending the time with you and your family members to gain a deep understanding for each and every way the injury has affected your life. […]
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DriveCam: A Trucker’s Best Friend or Worst Enemy?
We’ve been hearing a lot lately about a product called DriveCam. These little video cameras are starting to pop up in tractor-trailers and commercial vehicle across the country. The camera is mounted near the rear-view mirror and records video and audio 24/7. However, the DriveCam is similar to a black box in that, it only keeps a few seconds of footage before and after an occurrence of “exceptional force” (i.e. hard braking, swerving, collision, etc.).
The company claims that using their product can help other companies identify and improve risky driver behaviors, thus, reducing vehicle damages, workers’ compensation and personal injury costs by 30 to 90 percent. That’s quite a claim. Watch a CNN interview with the CEO of DriveCam here.
Some truckers are against DriveCam, feeling like “Big Brother” is invading the cab. However, some are excited about its possibilities. The camera will capture an adequate history of the event, […]
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