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.
More information about Malpractice
Pennsylvania Law Enforcement Are Targeting Aggressive Drivers
Pennsylvania law enforcement will be out in force until August 16 targeting aggressive drivers on PA highways. In a partnership with PennDOT, the PA State Police, the Montgomery County Health Department and Buckle Up PA are taking on dangerous drivers on the highways through the statewide aggressive-driving campaign.
According to a press release issued last week by PennDOT, law enforcement will be focusing on motorists who exhibit key aggressive driving behaviors including tailgating, speeding and running red lights. Last year, police issued 142,013 aggressive driving-related citations across the state.
Philly.com reports that inPennsylvania, aggressive drivers caused 6,300 crashes in 2011, killing 168 people.
PennDOT has been actively targeting aggressive driving through its Pennsylvania Aggressive Driving Enforcement and Education Project. The project is funded through $2.3 million in federal funds from the National Highway Traffic Safety Administration (NHTSA).
The NHTSA notes that aggressive driving has become a serious problem on our nation’s roadways. […]
Read MoreMore information about Malpractice
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 & […]
Read MoreMore information about Malpractice
Deadly Pennyslvania Accident Serves as a Reminder of the Importance of Seatbelts
A deadly car accident in Wells Tannery last month serves as a reminder that seatbelts are not an inconvenience – they can be lifesavers. Two teens died and two were seriously injured when the driver of their car apparently lost control sending the vehicle off the roadway and into several trees. Sadly, none of the four occupants were wearing a seatbelt.
The National Highway Traffic Safety Administration (NHTSA) estimates that while the use of seatbelts saved 356 lives in Pennsylvania in 2010, another 136 could have been saved if all of the people had buckled up. The NHTSA reports that 868 people (aged 5 and over) died in PA accidents in 2010. Of those, 273 were properly restrained, whereas 505 did not have their seatbelts on at the time of the crash.
JustDrivePA.org maintains key educational material on its website related to seatbelt usage. […]
Read MoreMore information about Malpractice
Pennsylvania Drivers Asked to be On the Lookout for Joggers
Running is one of the most popular forms of exercise among Americans. In fact, according to Running USA, there are over 35 million recreational runners in the United States. Although there are numerous health benefits to running including, weight loss, improved cardiovascular health, natural stress relief and increased strength, runners also risk serious injuries from being struck by a vehicle.
Just this month, a 20-year-old woman was jogging in Blooming Grove, just 35 miles east of Scranton, when she was struck and killed by a car, according to news reports. The driver apparently intentionally ran his vehicle onto the shoulder of the highway and struck and killed the woman as she jogged on Route 507. Although this was an extreme case, it does serve as an example of the dangers Pennsylvania runners face when running on the roadways and highways. […]
Read MoreMore information about Malpractice
PennDOT Offers PA Residents Key Safety Resources
Although you may have heard of the Pennsylvania Department of Transportation (PennDOT) in regards to road construction projects throughout the state, PennDOT is also tasked with keeping the Pennsylvania roadways safe through various programs and campaigns. As part of National Distracted Driving Awareness Month in April, PennDOT launched “Just Drive PA,” a new initiative aimed at improving safety on Pennsylvania roadways.
According to a PennDOT notice:
The ‘Just Drive’ slogan reinforces that distractions, driving impaired and other unsafe driving behaviors have no place on our roadways.” said PennDOT Secretary Barry J. Schoch. It reinforces the need to drive properly, wear seat belts, look out for other travelers and always avoid distractions. Remember “when you’re behind the wheel, your biggest and only responsibility is to focus on safe driving.
The Just Drive PA website, […]
Read More
