What is a Complaint?
A complaint is, “The first or initiatory pleading on the part of the plaintiff in a civil action. It corresponds to the declaration in the common-law practice. Its purpose is to give defendant information of all material facts on which plaintiff relies to support his demand.” (Black’s Law Dictionary 356. 4th Ed. Rev. 1968). It is what formally initiates a lawsuit and outlines a plaintiff’s allegations against a defendant.
Complaints are meant to be concise, clear, and factual outlines of what charges a plaintiff intends to pursue and what damages it is seeking to obtain. They are not supposed to confuse or ambush the defendant. The contents of a complaint must be understandable to both parties, and the defendant must be able to construct a proper response and defense. In addition to the strictly legal charges contained in a complaint, the plaintiff must also make factual allegations specific to the facts of the case that they are pursuing in the complaint. They serve to back up the legal claims being asserted.
If an important fact or charge is left out of the complaint, it can not be used in the plaintiff’s case. It is important for all involved parties that the contents of the complaint are accurate and understandable. Anything else is improper, and not up to legal requirements. Effective communication through a complaint is a necessity.
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Safety group files suit for tougher trucker training laws
Several groups, including the Advocates for Highway and Auto Safety, Citizens for Reliable and Safe Highways (CRASH), and the International Brotherhood of Teamsters filed suit against the DOT and the U.S. Federal Motor Carrier Safety Administration (FMCSA), seeking stiffer rules for training entry-level truck drivers.
Bloomberg reported that regulators have missed deadlines set by two laws passed by Congress since 1991. According to the article, the FMSCA issued a rule in 2004 that only requires 10 hours of classroom work on such topics as driver wellness and hours of service. The watchdog groups say that rule is inadequate, because it doesn’t require any training for entry-level drivers on how to operate commercial vehicles, according to the complaint.
In 2012, Congress passed a second law (the “Moving Ahead for Progress in the 21st Century Act” also known as MAP-21) requiring the DOT to issue the entry-level training rule, […]
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CPSC Sues Buckyballs Maker to Pull the Dangerous Toys From the Market
We have reported on the warnings issued by both the U.S. Consumer Product Safety Commission (CPSC) and by health advocates in the UK regarding children ingesting Buckyballs, a set of round, high-powered magnets that are meant to be used by adults as a stress-relieving desk toy.
When multiple magnets are swallowed, they often adhere through the intestines or bowel causing obstructions and/or tears in the intestinal lining. Immediate surgery is necessary to prevent further damage and to remove the magnets and repair the damage.
Since the CPSC issued the warning in November, however, it has received over one dozen reports of children ingesting the magnets, many of which required surgical intervention. Now, the CPSC has filed an administrative complaint against Maxfield & Oberton Holdings LLC, the toymakers, “alleging that Buckyballs and Buckycubes contain a defect in the design, packaging, warnings, and instructions, which pose a substantial risk of injury to the public.”
While Maxfield & […]
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Widespread Hospital Infection from Dirty Surgical Tools
Scranton, PA, March 30, 2012 — Pennsylvania medical malpractice lawyer Marion Munley called attention today to an investigative report indicating that hospital administrators and others in the medical field know that dirty surgical instruments are causing many dangerous infections in hospital patients.
A 4,200-word investigative report by the Centers for Public Integrity says hospital managers, surgical equipment manufacturers, the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) have been grappling with growing recognition that reusable medical devices are not being cleaned properly between procedures.
“The Centers for Public Integrity report about contaminated surgical instruments implicates hospitals, device manufacturers and oversight agencies in this alarming scandal,” said Munley of Munley, Munley & Cartwright, P.C., a Scranton-based Pennsylvania personal injury firm.
“Not only could hospitals be guilty of negligence in how they clean surgical instruments, […]
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$4.34 Million Awarded To Veteran Paralyzed After Spinal Surgery
A 66-year-old veteran who alleged he was left paralyzed from spinal surgery at the Veterans Administration Medical Center in West Los Angeles has been awarded $4.34 million by a federal judge, according to Courthouse News Service.
In October 2005, Alvin Johnson had spinal surgery to correct a ruptured disc at the VA medical center, according to the article. Doctors injected Surgifoam, a material which absorbs blood and other fluids, into the space created once the ruptured disc was removed.
According to the complaint, the doctors did not remove all the excess foam and it expanded, pressing against the spinal cord. When the veteran’s daughter was notified two and a half hours later, Mr. Johnson had no feeling from his neck down and was nearly completely paralyzed.
An MRI showing the spinal cord was compressed was ordered by another doctor, but Mr. […]
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HIPAA- A Barrier Between You & Your Medical Records?
Back in 1996, when the Health Insurance and Portability and Accountability Act (HIPAA) was signed into law, the intention of the law (especially Title IV) was to protect a patient’s right to privacy, reduce fraudulent activity, streamline data systems and improve the health insurance system overall.
For years prior to the law’s passage, there was no federal standard for obtaining your medical records. Without the patient’s knowledge, records were being given to insurance companies, sent to landfills or just flat-out lost. Alerted by highly publicized lapses in medical record confidentiality (a garbage truck crash that sent medical records flying all over the highways, a doctor selling a computer without deleting patient information from the hard drive, and the list went on and on), lawmakers decided a better system was needed. So the whole theory behind HIPAA regs are that your medical records are just that, yours, […]
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