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 Teen Drivers Urged to Stay Alert
The start of 2012 has seen far too many teens lose their lives in car accidents. Just last week a local Pennsylvania teen died when his car skidded on ice and he crashed into a building, dying at the scene. Earlier this month, three teenagers traveling together went the wrong way on a MD road resulting in a crash that killed all three. And in Virginia at the end of January, one teen died and three others were seriously injured when the teen driver crossed the center line striking another vehicle.
According to the National Highway Traffic Safety Administration (NHTSA), car accidents are the number one killer of teenagers in the United States, claiming nearly 5,600 teenage lives each year. While the above accidents are all unique, the cause of each of the accidents may not have been that different. The NHTSA has identified four primary causes for serious teen injury accidents: inexperience and immaturity combined with speed, […]
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Munley Supports Ban on Cell Phones While Driving
Pennsylvania car accident attorney Caroline Munley today applauded a federal agency’s recommendation for the prohibition of cell phone use by drivers of all personal and commercial vehicles.
The National Transportation Safety Board (NTSB) recommended to the National Highway Traffic Safety Administration in December that all drivers be prohibited from using cell phones and other electronic devices behind the wheel.
The proposal grew from the NTSB’s investigation of a multi-vehicle collision in Missouri in 2010 that was caused by a pickup truck driver who was distracted by a text-messaging conversation. The wreck killed two and injured 38.
“We support the NTSB’s recommendation for a complete ban on cell phone use by drivers of all motor vehicles,” said Munley of the Pennsylvania personal injury firm of Munley, Munley & Cartwright, P.C., which represents victims of car crashes and truck accidents throughout the Northeast. […]
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Ohio Oral Surgeon Faces Second Lawsuit
The Chronicle-Telegram reports a retired Lorain, Ohio oral surgeon is being sued for an undisclosed amount by a patient who claims she “was injured and was caused to suffer seizures, neurological damage and other severe and debilitating injuries, some of which were permanent in nature,” during treatment in Dec. 2010.
According to the article, a motion attached to the lawsuit seeks a 90-day enlargement of time to file an affidavit of merit, stating “there is strong reason to believe a cause of action exists” against the surgeon and unnamed nurses, dental assistants and/or health care professionals that the suit lists as defendants.
The physician had previously been sued when a 13-year-old patient died after receiving sedation prior to oral surgery in December 2010. The doctor’s insurance company paid $1 million to the family of the deceased girl, and the 81-year-old physician stopped giving intravenous sedation and agreed to retire in September. […]
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Car Accident Round-Up – PA Teen Dies After Being Struck by Car on Way to Bus
13-year-old killed, 17-year-old injured in car accident while trying to catch the school bus
PA Girl Dies After Being Struck by Car
The Erie Times-News reports a 13-year-old girl died and a 17-year-old was injured Tuesday morning after being struck by a car as they crossed Perry Highway to catch a school bus. The 19-year-old driver of a Chevrolet Cavalier traveling north on Perry Highway failed to stop for the school bus that was stopped in the southbound lane with its lights flashing and hit the two students. The 13-year-old was pronounced dead at the scene. The condition of the other teen was not released. The police are continuing to investigate the accident.
Four Injured in Florida Accident
Four people were seriously injured in a two-car crash in St. Augustine, FL Monday night. The accident, on Florida 16 at Whisper Ridge Drive in St. […]
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California Family Settles Civil Suit in Vehicular Manslaughter Case
Family receives undisclosed amount of money in vehicular manslaughter case settlement
The Modesto Bee reports the family of a California man who died when he was maliciously struck by a car has been awarded an undisclosed amount of money in a civil lawsuit. The man’s family sought compensation for wrongful death, loss of financial support, and payment for his funeral expenses.
The lawsuit was brought after the criminal case concluded June 14, 2010, with a jury conviction for felony hit-and-run and misdemeanor vehicular manslaughter in the 2008 attack. The deceased was found near his north Modesto house after he was hit by a car “with enough force to throw him onto the hood of his car, then off the roof,” according to testimony in the criminal case. Apparently, the attack was over loud music.
The defense attorney argued that the man acted in self-defense from a drunk and angry man who approached the other man’s vehicle and began climbing up the hood. […]
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