Malpractice

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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Tire Blowout Injures Seven in Pennsylvania Car Accident

A two-vehicle crash last week on the Northeast Extension of the turnpike in Moosic, PA, resulted in injuries to seven people and left traffic tied up for more than an hour. A woman was driving in the left northbound lane of Interstate 476 near mile marker 119, when the car’s rear driver’s side tire blew out, according to news reports.

The driver lost control of the vehicle and it traveled into the right lane where it struck the rear of a minivan carrying seven occupants. The minivan rolled onto the passenger side and came to rest on a concrete barrier.  Police cited tire failure as the cause of the accident, and no charges were filed in the accident.

TireSafety.com, a website dedicated to educating the public about proper tire maintenance sponsored by Bridgestone, reports that under inflation is the leading cause of tire failure. […]

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Triple Fatal Accident Serves as a Reminder to Pennsylvania Drivers of the Dangers of Drowsy Driving

An early morning accident on Saturday left three people dead and two others seriously injured after the driver apparently fell asleep behind the wheel.  The single-car crash occurred around 2:15 a.m. on I-81 north near Butler Township after the car traveled across the grass median and slammed into the concrete bridge support beam.

The National Highway Traffic Safety Administration (NHTSA) reports that accidents cause more than 100,000 crashes a year, resulting in 40,000 injuries and approximately 1,550 deaths.  However, the NHTSA believes these numbers are actually much higher due to underreported drowsy driving accidents.

One of the leading causes of drowsy driving is shift work.  With irregular hours, long shifts, and disrupted sleep patterns, the NHTSA reports shift workers run a particularly high risk of drowsy driving crashes.

However, anyone that is sleep deprived is a danger on the highway.  […]

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Lightning Strike at Pennsylvania Racetrack Raises Concern of Spectator Safety

As severe thunderstorms rolled through the area on Sunday, 85,000 fans were sitting in stands and in the infield at the Pocono Raceway watching the Pennsylvania 400 NASCAR race.  For the safety of the drivers and the fans, the race was called off, but it was too late – two lightning strikes hit 10 spectators.

According to WNEP, the Monroe County EMA alert system issued a severe thunderstorm warning for the area at 4:12 p.m. NASCAR stopped the race at 4:54 p.m. The first lightning strike was shortly after 5 p.m., killing one man and injuring eight others. The second strike was reported at 6:35 p.m., injuring one person.

Officials with the Pocono Raceway and NASCAR are investigating the hour leading up to the tragedy.  While the racetrack officials contend warnings were issued, some of the attendees are disputing that .  […]

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Pennsylvania Students Given Firsthand Account of the Dangers of Distracted Driving

Recent television commercials by AT&T are aimed at educating drivers of the hazards of texting behind the wheel. The campaign is meant to to the audience by showing the devastation can cause by having real-life victims, or family members of deceased victims, tell their personal stories of how a distracted driving accident changed their lives.

Recently, students at Central Penn College in East Pennsboro Township received a firsthand account of the tragedy of distracted driving.  Amanda Kloehr, who was distracted while driving in 2008, was in an accident that “cost an eye, nearly cost her life and led to more than 20 surgeries to rebuild her smashed face,” according to PennLive.com.

Kloehr doesn’t remember the details of the night, but said that during her drive from New Jersey to Virginia she was constantly distracted. She said she passed the time by talking on her cellphone, […]

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PA Drivers Should Call 911 to Report Dangerous Texting Drivers

Our Pennsylvania car accident attorneys have continued to provide information to educate drivers of the dangers of texting while driving.  The National Safety Council (NSC) reports that nationwide almost 25 percent of car crashes involve cell phone use and nearly 1.3 million crashes each year can be attributed to cell phone usage while driving. If you are a focused, defensive driver, however, the USA Today reports that you should get away from distracted drivers to help prevent yourself from becoming one of these statistics.

According to the USA Today, police not only recommend distancing yourself from the offensive drivers, but also suggest calling 911 if you believe the drivers are a danger to others.  Auburn Police Division Capt. Tom Stofer told USA Today that drivers should give a wide berth to texting drivers — and to call 911 in the worst cases.

“If I was a citizen and if I saw an extreme case, […]

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