What is Malpractice?
Malpractice is, “Any professional misconduct, unreasonable lack of skill or fidelity in professional or fiduciary duties, evil practice, or illegal or immoral conduct.” (Black’s Law Dictionary 1111. 4th Ed. Rev. 1968). It refers to negligence or misconduct by a professional that eventually leads to a client or patient being injured or damaged.
Malpractice is commonly referenced in the medical sense. However, malpractice exists in other professions such as accounting and law. Medical malpractice may involve a doctor giving the wrong diagnosis or botching a surgery, resulting in direct harm. Legal malpractice could involve a lawyer mishandling a case due to incompetence or neglect, resulting in their client losing out on financial gains or wrongfully spending time in prison.
Malpractice cases are usually resolved with legal proceedings where the plaintiff seeks monetary compensation from the accused professional. They depend on the proof that the plaintiff was not only harmed, but that the malpractice by the professional was the direct cause. This process is meant to hold professionals accountable for their actions, and protect innocent individuals from the consequences of negligence and misconduct. In cases where professionals are found to commit malpractice, such as Gregory v. McInnis et al, they are often restricted from practicing in that specific field again.
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What Are the 5 Most Common Causes of Wrongful Death?
Learn about the five most common causes of wrongful death, including medical malpractice and accidents, and how to protect your rights.
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What Is a Wrongful Death vs Survival Action?
Losing a loved one is always incredibly painful, but losing someone tragically and unexpectedly due to someone else’s negligence can seem impossible to navigate. If your family member was a key financial supporter of your household, your grief is likely being compounded by extreme financial stress. You may be wondering how you can put your family member or spouse to rest, pay off their medical bills, and keep your household afloat, but you may have legal recourse through wrongful death or survival claims. At Munley Law, our wrongful death attorneys can walk you through your options to seek justice for your deceased family member and obtain financial support.
Understanding Wrongful Death Claims
A wrongful death claim is a type of lawsuit that serves to compensate a deceased person’s family members for the loss they have suffered as a result of their loved one’s death, […]
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How Old Do You Have to Be to Bring a Personal Injury Case?
To file a personal injury lawsuit independently, you must be 18 years old in most states. However, if you’re under 18, your parents or legal guardians can file a claim on your behalf. The statute of limitations is typically paused until you reach 18, at which point you have the standard period (usually 1-3 years, depending on your state) to file. While minors can’t file directly, there’s no minimum age limit for having a case brought on your behalf – parents can pursue claims for injuries that occur at any age, from birth onward.
Personal Injury Cases and the Protections in Place for Minors
When a child is injured due to someone else’s negligence, understanding the legal process helps protect their rights and secure their future. While adults can immediately file lawsuits, the rules are different—but not more difficult—when minors are involved. […]
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If I Have a Bad Doctor While I Am in the Hospital, What Should I Do?
Discovering you have a subpar doctor while hospitalized can be frightening and frustrating. While most hospital physicians provide excellent care, some fall short of medical standards. According to recent studies, medical errors are now the third leading cause of death in U.S. hospitals, making it important to advocate for your care. When you’re concerned about the quality of your hospital doctor’s treatment, you need to know your options and rights. Here’s what you can do if you find yourself under the care of a physician who isn’t meeting professional standards of medical care.
Reasons You Might Be Dissatisfied with Your Doctor
You may come to be dissatisfied with your care for a wide range of reasons. While not every issue you have with a medical professional may be worthy of legal action, the following are potential signs of poor care and medical malpractice. […]
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Can Medical Malpractice Cause a Stroke?
Understanding Strokes: Types, Causes, Treatments, and Medical Malpractice
Strokes are critical medical emergencies that require swift and accurate treatment to avoid lasting damage. We will examine various stroke types, their causes, available treatments, and the impact of medical malpractice.
Types of Strokes
Delays in treatment can result in permanent disability or death. Stroke symptoms are not unique and can mimic other health issues, leading to potential misdiagnosis of stroke. Common signs of a stroke include:
- Weakness or numbness, particularly on one side of the body
- Paralysis
- Tingling in the arms or legs
- Sudden loss of leg strength
- Severe headache
- Loss of balance or coordination
- Slurred speech
- Inability to speak or understand speech
- Vision changes, such as blurred or double vision
- Dizziness
- Fainting
- Loss of vision
- Death
Strokes can vary in severity from mild to life-threatening, […]
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