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 State Police Announce Pursuit Statistics
The Pennsylvania State Police announced Monday that the number of pursuits across the state increased in 2011. Pennsylvania police were involved in 1,453 vehicle pursuits last year, a slight increase over the 1,413 pursuits reported in 2010.
A pursuit is initiated by police “when the driver of the vehicle is resisting the apprehension by maintaining or increasing his speed or by ignoring the police officer’s audible or visual signal to stop.”
According to the press release, thirteen pursuit-related deaths were reported in 2011. Twelve of those killed were fleeing from police; one death involved an uninvolved person. No Pennsylvania police officers were killed as the result of pursuits. However, in a case we reported in February, a West Virginia policeman died in the midst of a pursuit that crossed the PA line.
Many police chases result in serious car accidents. Last year, […]
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Pennsylvania Student Athletes Offered Protection Under Sudden Cardiac Arrest Prevention Bill
Earlier this month we reported on the safety ranking of Pennsylvania in respect to safety initiatives states take to prevent injuries and death among their residents. Pennsylvania was recognized for having a strong youth sports concussion safety law. Now, Governor Tom Corbett has signed a new law that will offer additional protection to young athletes – an act establishing standards for preventing sudden cardiac arrest (SCA) and death in student athletes.
According to the American Academy of Pediatrics, SCA is the abrupt and unexpected loss of heart function, and can cause death if not treated within minutes. SCA is attributed to more than 2,000 deaths in the United States each year. The New York Times reports that while sedentary youths are susceptible to SCA, the risk is nearly three times higher in competitive athletes. In addition, a high school student dies of cardiac arrest as often as every three days. […]
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Education and Helmet Usage May Decrease Risks for Pennsylvania Motorcyclists
Summer is just about here, and as the days grow warmer more Pennsylvanians take to the road on their motorcycles. Although the start of June brought an end to May’s Motorcycle Safety Awareness Month, our Pennsylvania motorcycle accident attorneys want to reiterate to motorists to be vigilant for motorcyclists sharing the road with you. Unfortunately, a recent study about the continued high number of nationwide motorcycle accident fatalities reminds us all that motorcyclists are still faced with serious dangers when taking to the roadways.
According to the Governors Highway Safety Association, even though the number of fatalities among automobile accidents has reached the lowest number since 1949, a nearly 2% decline over last year’s numbers, “motorcycle deaths remain one of the few areas in highway safety where progress is not being made.” The GHSA reports that motorcycle fatalities remained unchanged at about 4,500 in both 2011 and 2010. […]
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AAA Reports Summer Months Deadly for Teen Drivers
Teen drivers more likely to be in an accident in the summertime
Last week our Pennsylvania car accident attorneys asked parents to have open discussions with their teenage drivers to ensure they are fully aware of the dangers of distracted driving and to encourage safe driving behaviors. It is especially critical for parents to get this message out as summer starts, and, according to AAA, five of the 10 deadliest days of the year for teens loom.
The Reporter reports AAA identified that teens are more susceptible to deadly crashes in the summer months between Memorial Day and Labor Day than any other time period during the year – making it even more critical to educate your teens.
Sadly, AAA has dubbed the time between Memorial Day and Labor Day the “100 deadliest days of summer,” due to the high number of teen accident fatalities. […]
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Judge Rules Person Who Sent Text Resulting in Motorcycle Accident Not Liable
At the end of May we reported on the distracted driving lawsuit brought by a couple who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting. The couple claimed that not only should the teen driver of the vehicle that hit them be held liable for their motorcycle accident, but so should the driver’s girlfriend, who sent him a text message just seconds before the crash.
The judge ruled last week in the first case of its kind to hit the dockets in the U.S. He dismissed the claims against the woman in the lawsuit ruling that the person sending the text to which the driver was responding “cannot be held liable.”
The ruling sends the message that it is not the responsibility of the texter to monitor where the recipient of a text message is when responding to a message. […]
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