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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Pennsylvania Celebrates International Walk to School Month
PennDOT is joining forces with other organizations across the United States, and the world, in supporting International Walk to School Month throughout October. Using the motto “Get up, Get out, and Get Moving!” the organizers are focusing on demonstrating the role walking and bicycling to school can play in improving health, safety and community life.
According to iWalk, the official website of International Walk to School Month:
“International Walk to School Month gives children, parents, school teachers and community leaders an opportunity to be part of a global event as they celebrate the many benefits of walking. Walkers from around the world walk to school together for various reasons — all hoping to create communities that are safe places to walk.”
“Every child should have the opportunity to walk to school safely,” said Transportation Deputy Secretary John Porcari. “Walk to School Day [held Oct. […]
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Pennsylvania Car Accident Lawyer Joins Call to Ban Use of Hand-Held Cell Phones While Driving
Scranton, PA, September 27, 2012 — Pennsylvania car accident attorney Caroline Munley said today that she supports efforts to broaden the state’s distracted driving laws to include a ban on using hand-held cell phones while behind the wheel.
A law prohibiting texting while driving in Pennsylvania became effective earlier this year. However, because it is still legal to talk on a cell phone or search for contacts on a phone while behind the wheel, police say it is difficult to detect drivers engaged in text messaging and enforce the ban, according to a recent Scranton Times-Tribune report.
“If the goal of the law is to deter drivers from engaging in conduct that is dangerous and puts others at risk of distracted driving accidents, injury and death, then a full ban on the use of hand-held cell phones while driving a motor vehicle is an entirely appropriate, […]
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Teens Learn Poor Driving Habits from Their Parents
Our Pennsylvania car accident attorneys previously reported that over the past five years in Pennsylvania, distracted driving led to nearly 4,000 crashes involving 16- and 17-year-old drivers and resulted in 18 deaths. We often ask parents to impress upon their teen drivers the importance of staying focused while driving and not using their cellphones. However, according to a new study, parents may actually be the cause of their childrens’ poor driving behaviors.
In the survey from Liberty Mutual and Students Against Destructive Decisions (SADD), researchers found that an overwhelming number of the young drivers reported they get their poor driving habits from their parents. Of the 1,700 teens surveyed, over 90 percent of them report their parents talk on the cell while driving, 88 percent of their parents speed, and 59 percent reported their parents have sent a text while driving. Still worse, 20 percent of them said their parents have driven while under the influence of alcohol. […]
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Pennsylvania Motorists and Bicyclists Reminded to Share the Road
Pennsylvania’s bike safety law was passed in April in an effort to reduce injuries and save lives of Pennsylvania bicyclists. With colleges and universities back in session throughout the state, many students take to the road on their bikes to get to and from classes. In an effort to raise awareness of the public, and college students alike, the University of Pennsylvania and the Philadelphia police are teaming up to kick off the annual Share the Road bicycle safety campaign.
The campaign will kick off tomorrow at 11 a.m. in front of the Penn Bookstore. The event features members of the Bicycle Coalition of Greater Philadelphia, PennCycle, Neighborhood Bike Works, Keswick Cycle, the Undergraduate Assembly, the Graduate and Professional Student Assembly and Penn’s Medical Emergency Response Team who will be on site to answer questions about bike safety.
“This safety campaign gives us an opportunity to collaborate with important stakeholders such as the City of Philadelphia Streets Department and bicycle advocate groups to get safety information out to bicyclists, […]
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Pennsylvania Drunk Drivers More Likely to be Men
A new study reports that nationwide nearly 60 percent of all drivers in fatal automobile crashes had alcohol or drugs in their systems. In the review of five years of data, researchers found that men, and those driving at night, were more likely to crash with alcohol in their systems. These findings are not much different than the 2011 Pennsylvania alcohol-related crash data that found 76 percent of the drinking drivers in traffic crashes were male.
Researchers at Columbia University reviewed data from the National Highway Traffic Safety Administration on fatalities in 14 states. They found that out of 20,150 fatally injured drivers between 2005 and 2009, 57 percent tested positive for at least one drug, and 20 percent had at least two drugs in their system when the accident occurred. Alcohol was the most common drug found in toxicology screenings, followed by marijuana and stimulants comprising 20 percent of the drugs, […]
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