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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Surgical Errors in Stroudsburg, PA
Most often, surgeries proceed as intended without incident. Sometimes, however, surgical errors occur, leading to devastating consequences.
In Stroudsburg, PA, victims of surgical errors may face extended recovery times, additional surgeries, and significant emotional and financial burdens. If you or a loved one has been harmed due to a surgical error, you deserve top-tier legal representation. The Stroudsburg medical malpractice lawyers at Munley Law Personal Injury Attorneys
Are Surgical Errors the Same as Medical Malpractice?
Surgical errors are mistakes made during a surgical procedure that deviate from the standard of care and harm the patient. These errors can include operating on the wrong body part, leaving surgical instruments inside the patient, or causing unintended damage to organs or tissues.
All surgeries involve a certain amount of risk. Informed consent is an important part of medical care that allows patients to make informed decisions about their treatment, […]
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Surgical Errors in Scranton, PA
We are fortunate to have access to world-class medical treatment in Northeast Pennsylvania. However, even in the best facilities, medical professionals can make mistakes that lead to serious harm. When you select a hospital, surgeon, and surgical team to operate, you trust they will treat you with professionalism and the utmost care.
Unfortunately, the surgical team sometimes makes a mistake, which can have devastating, even deadly, consequences for the patient and their family.
If you or a loved one has suffered harm or loss of life from a surgical error in Scranton, it’s important to understand your rights and options under PA personal injury law for holding the responsible parties accountable.
An experienced medical malpractice attorney at the Scranton Law offices of Munley Law can help. Call us for a free case evaluation. We will discuss the specifics of your medical malpractice claim, […]
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Misdiagnosis Claims in Wilkes-Barre, PA
Misdiagnosis of medical conditions can lead to incorrect treatments, inappropriate drug prescriptions, and even medicines or medical treatments that can make your condition worse.
If you or a loved one has suffered as the result of a medical misdiagnosis in Wilkes-Barre, you might be able to seek financial compensation by filing a medical malpractice claim against your healthcare provider for medical misdiagnosis.
A Wilkes-Barre medical malpractice attorney from Munley Law can help.
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An inaccurate diagnosis can have devastating consequences. It can deprive you of the necessary medical care for your actual condition and expose you to harmful drugs and therapies for conditions you don’t have, potentially worsening your health. In egregious cases, a medical error can lead to wrongful death.
At Munley Law Firm, […]
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Anesthesia Errors in Scranton, PA
Undergoing anesthesia can be one of life’s most vulnerable moments. Unfortunately, when a mistake with your anesthesia occurs, it can lead to serious and sometimes life-threatening complications.
If you think you or a loved one might be the victim of an anesthesia mistake in Scranton, you might be entitled to financial compensation for the medical negligence you experienced. Call the Scranton medical malpractice lawyers at Munley Law today. During your free consultation, we will discuss the details and map a path to winning your medical malpractice claim.
A medical mistake can result in catastrophic injuries, necessitate further medical intervention, and lead to lost wages and mounting medical bills. Don’t let surgical mistakes ruin your financial well-being. Call Munley Law today for a free case evaluation.
When Anesthesia Errors Constitute Medical Malpractice in Scranton
In Pennsylvania, […]
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East Stroudsburg, PA Personal Injury Lawyers
Whether you’ve been involved in a car or motorcycle accident or experienced medical malpractice such as a surgical error, you might be overcome with the many new challenges you now have to deal with. The physical toll your injury has taken on you and your family, the mounting medical bills, and lost wages due to missed work, coupled with trying to understand your legal rig,hts can become overwhelming. If you have tragically lost a loved one, you might be considering a wrongful death case, but you don’t know where to begin.
At Munley Law, we’ve been fighting for personal injury victims since 1959, earning national recognition for our expertise in personal injury litigation. Our attorneys have been named among the Best Lawyers in America, Pennsylvania Super Lawyers, and are board certified by the National Board of Trial Advocacy. Our proven track record has secured numerous multi-million dollar settlements and verdicts for our clients. […]
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