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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PA Car Accident Attorney Says Expected Increase in Fourth of July Car Travel Raises Need to Keep Safety in Mind

Scranton, PA, June 29, 2012 — Pennsylvania car accident lawyer Caroline Munley today urged the state’s residents to keep safety in mind as decreasing gas prices fuel an expected upsurge in drivers on the road this July 4th holiday.

“As more people hit the road to celebrate Independence Day and for early summer vacations, the increase in traffic congestion raises the need to be mindful of safe driving practices,” said Munley, managing partner of the Pennsylvania personal injury firm of Munley Law in Scranton.

“We urge travelers to refrain from fatigued driving, drinking and driving and , such as using cell phones for talking or texting while driving, which are all major causes of car accidents,” she said.

The AAA auto club said it expects 42.3 million Americans to travel more than 50 miles from home over the Independence Day period, […]

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Pennsylvania Accident Victims Should Request a Copy of Their Vehicle Accident Report

Earlier this month our PA truck accident lawyers offered some information regarding vehicle accident investigations.  However, we did not include information on the crash report and what happens with all the information that is compiled – and how you can access that information.   Below we explain the importance of a Pennsylvania crash report.

The Pennsylvania State Police, along with the state’s nearly 1,300 local municipal police departments, have a duty to investigate each traffic accident that occurs on the Pennsylvania roadways.  That is no easy task with over 120,000 miles of roads and highways in the state.  According to the 2010 Pennsylvania Crash Facts and Statistics, in 2010, PA police investigated 121,312 traffic crashes.  Of those accidents, 1,324 people died and 87,949 were injured.

When police come upon accidents the scene is often chaotic.   The police must first make sure all of the accident victims are properly attended to and then they need to redirect traffic.  […]

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Facebook and Twitter to be Offered as Features in New Cars

Earlier this year U.S. automakers unveiled their latest features, including improved airbags and seatbelts, focused on saving lives and preventing serious injury in automobile accidents.  These features were applauded by safety advocates for helping to keep car occupants safe on America’s highways. However, as carmakers unveil their latest Internet-based features, safety advocates fear automakers are contributing to the epidemic.

According to the New York Times, automakers are planning on offering high-tech features in some of their 2013 models allowing drivers to stay ‘wired’ while in the car, without accessing their smartphones.  Some of the apps that will be offered by Mercedes-Benz, Acura, Honda, Lexus, and Subaru, among other automakers, include GPS, Pandora streaming music, movie ticket ordering and even restaurant reviews from Yelp.  However the carmakers aren’t stopping there.  Some of the dealers will be offering access to social media sites, […]

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Small magnets pose risk to children if ingested

We previously published an article warning parents of the health hazards posed to children by Buckyballs, a set of round, high-powered magnets that are meant to be used by adults as a stress-relieving desk toy.  Now, the dangers of small magnets are in the headlines again after an article in the Lancet reports two cases of children being injured after swallowing the small magnets in the U.K.

The authors were particularly concerned of the swallowing incidences, one by an 18-month-old and the other by an 8-year-old, since they both happened within the last 18 months and no other cases had occurred in the UK.  The 18-month old swallowed ten small, round magnets.  The older child swallowed two 2-cm long magnetic strips.  Both children had to have the magnets surgically removed, and both made a full recovery.  Although the US and Canadian governments have both issued health warnings regarding small magnets, […]

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Teen Sentenced to Prison in Distracted Driving Accident

Just this month one judge ruled in a first-of-its-kind case that someone sending a text message cannot be held liable for a distracted driving accident.  Now, in the first ruling in Massachusetts history where someone has been convicted for causing a fatal accident while texting behind the wheel, a judge found a teen guilty of killing someone when distracted by his cellphone while driving.

In February 2011, the then 17-year-old killed a 55-year-old man and seriously injured the man’s 50-year-old girlfriend when he crossed the center line and crashed into the oncoming vehicle.  After just four hours of deliberation the jury returned a of guilty in the fatal accident, according to CBS News. The teen was sentenced to two-and-a-half years in jail, with a year to serve and the remainder suspended.  In addition, the teen lost his driver’s license for 15 years and owes an unspecified amount of restitution. […]

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