Sentences with phrase «negligent failure»

The tenant's claim was for negligent failure of the landlord to do repairs.

The claimant's claim against her mother was for negligent failure to protect her against abuse from the father.

For example, with a capable attorney's assistance, you might decide to plead negligent failure to warn or strict liability for defective design.

The medical malpractice attorneys at Breslin & Breslin advise clients about negligence claims ranging from negligent failure to diagnose cancer or other illnesses to LASIK surgery mistakes.

Represented an internist charged with negligent failure to diagnose Strep A which quickly caused the death of a 42 year old woman.

Specifically, she alleges the company was liable in negligent failure to inspect, maintain, manage and / or repair the wall displays on site, thus allowing an unsafe condition to persist on the site — an unsafe condition about which employees knew or should have known.

Broadly, the draft Bill creates two general offences covering the offering, promising and giving of a bribe; and requesting, agreeing to receive a bribe or accepting a bribe; a discrete offence of bribery of a foreign public official; and a new offence of negligent failure of commercial organisations to prevent bribery.

The Business Trial Group can assist you in bringing claims for negligent failure to procure insurance, insurance agents or brokers breach of fiduciary duty, breach of contract to procure insurance, and agents» or broker's misrepresentations.

The Court has never recognized an individualized right to protection from the police, and has never considered even a negligent failure on the part of police to protect a person actionable.

Elliott T. Dennis sued the police department for negligent failure to arrest the drunk.

Negligent Failure to Warn, Wrongful Death, Federal Tort Claim: Elliott T. Dennis represented the estate of a young soldier that drowned in the Kenai River after launching a johnboat and being swept down the river and into rapids.

Significant settlement for the estate of a patient who suffered unnecessarily due to a hospice's negligent failure to treat pain.

He brought this lawsuit alleging that his losses and injuries were caused by the negligent failure to install smoke detectors.

One of the Plaintiff's challenges was trying to «prove» causation when there was no evidence as to the state of the fetus» well being for long periods of time due to the Nurse's negligent failure to monitor the baby.

Our attorneys recovered $ 2.7 million for a client injured by the negligent failure to diagnose a cervical fracture.

Moore Blatch have obtained compensation of # 360,000 for a family who lost their husband and father of four children due to his GP's negligent failure to refer him on for investigation after he passed blood in his urine.

We also settled a malpractice case for $ 1.175 million when we proved that the negligent failure to diagnose malignancy in a thyroidectomy workup was the main cause of the patient's death from metastatic thyroid cancer 15 years later.

Additionally, Jansen advises social service providers and nonprofits that include child care providers and churches, and represents insurance agents, brokers and carriers involved in lawsuits related to negligent failure to procure insurance, bad faith and coverage issues.

$ 500,000 Atlantic City settlement for medical malpractice claim involving the negligent failure to diagnose fetal distress.

He argued that it was their negligent failure to trim the trees that was the legal cause of the accident.

The negligent failure to detect the need for resuscitation or the negligent performance of resuscitation of an infant in distress, for instance, can result in asphyxiation injuries such as cerebral palsy, other brain damage, or cognitive and physical disabilities.

This may occur, for example, due to negligent monitoring of maternal and fetal vital signs; negligent failure to diagnose and manage umbilical cord prolapse, umbilical compression, or placental abruption; or negligent use of medications during labor.

If your child has died or sustained injuries due to a physician's negligent performance of a C - section or negligent failure to order an emergency C - section when indicated, you may be entitled to compensation for the damages suffered by you and your child through the institution of a medical malpractice action against those responsible for your child's injuries or death.

The negligent failure to diagnose and treat an Rh incompatibility between mother and child can also cause an infant's CP.

Spina bifida injuries may be enhanced when medical personnel who are unaware of the condition (due, for instance, to a negligent failure to diagnose it during the mother's pregnancy) come into contact with exposed nerves.

The Claimant alleged that there was a negligent failure to diagnose and treat a soft tissue sarcoma, a rare form of cancer, which developed in his calf muscle in 2010.

Birth injuries related to Caesarian Sections (C - Sections) may be caused by the negligent performance of a C - Section or by the negligent failure to timely order a C - Section when one is indicated.

If your child has suffered injury or death as a result of the negligent or untimely performance of a C - section or a doctor's negligent failure to order a C - section when one was indicated, you may be entitled to compensation for your child's injuries or death.

He dismissed the trial judge's finding of ambiguity owing to the lack of «express language» addressing whether «negligent failure to prevent physical abuse or molestation» was a covered ground under the exclusion clause.

The negligent failure to diagnose and treat severe jaundice, for instance, may lead to kernicterus, a condition that can, in turn, lead to CP.

A physician's negligent failure to diagnose, manage, or treat pregnancy conditions that increase the risk of such brain damage or other negligence during labor and delivery may be considered a cause of an infant's CP in a medical malpractice action.

The negligent failure of an obstetrician to timely order or perform an emergency Caesarian section when indicated may also be found to have caused a fetus's HIE injury.

In some cases, CP that was not caused by medical negligence can be enhanced (made worse) by a doctor's negligent failure to diagnose a child's cerebral palsy during the child's first few months or years of life.

Birth injuries or deaths may be caused by the negligent failure of an obstetrician to order a C - section when one is indicated or to timely and appropriately perform an indicated and ordered C - section.

If an obstetrician's negligent failure to timely diagnose and treat these maternal conditions is found to have been a cause of a child's HIE childbirth injury, the obstetrician may be found liable for the damages suffered by the child as a result of his or her HIE injury.

In other cases, breaches clearly result from a negligent failure to safeguard information.

In Aktas v Adepta: Dixie v British Polythene Industries Plc [2010] EWCA Civ 1170, [2010] All ER (D) 223 (Oct) two conjoined appeals, it was held that the resurrection of a personal injury claim which invoked the discretionary provisions of Limitation Act 1980, s 33 which had been struck out following a negligent failure to serve notice of the claim within time was not an abuse of process.

Claimant awarded # 30,000 as a result of negligent failure to offer the correct orthodontic treatment options and subsequent unnecessary removal of teeth.

Claimant awarded # 35,000 due to a negligent failure to identify bowel obstruction prior to perforation, followed by a delay in undertaking surgery which in turn led to widespread contamination of the peritoneal cavity.

It was on this basis that the plaintiff amended the complaint to include the three additional counts of negligent credentialing, negligent failure to train, and simple negligence against the defendant hospital.

When their negligent failure to do so results in another person suffering from an injury, justice requires that they be held accountable for that harm.

No. 56080 / 13) decided just before Christmas, the European Court of Human Rights (ECtHR) held that there was both a substantive (by 5 votes to 2) and a procedural (unanimous) violation of Article 2 in the case of the death of the Applicant's husband in circumstances where there was a negligent failure to diagnose meningitis shortly after (successful) nasal polyp surgery, even though that negligent failure was not necessarily causative.

In Chester v Afshar [2004] 4 All ER 587 the requirement that all «causes» pass the but for test was stretched to mark the wrong of a doctor's negligent failure to warn of surgical risks.

Coverage is triggered by a network security liability suit, including a civil proceeding, an alternative dispute resolution proceeding, or a written demand for money alleging that a negligent failure of the insured's computer security allowed one of the following to occur: