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 ranked 30th in U.S. for injury deaths
Researchers set out to determine which U.S. states are the safest. In a study released last month, each state was ranked by 10 key indicators of steps states can take to prevent injuries, including those caused by accidents and violence, to their residents. Pennsylvania received a score of 5 out of 10, leaving the state plenty of room for improvement.
The study, entitled “The Facts Hurt: A State-By-State Injury Prevention Policy Report,” by the Trust for America’s Health (TFAH) and the Robert Wood Johnson Foundation (RWJF), looked at each state, ranking them on a 10 to 0 scale, with states receiving one point for each of 10 policies that could improve safety. Two states, California and New York, scored nine out of the possible 10 points, and had the best overall ratings. Montana and Ohio both scored the worst overall with just 2 points each. […]
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Pennsylvania Receives Truck Safety Award from U.S. DOT
The Pennsylvania State Police announced this month they received the prestigious 2012 Safety Enforcement Improvement Award from the U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA).
The award, presented at the FMCSA’s annual leadership conference, is presented to the one state “that demonstrates the greatest improvement to its truck safety enforcement program in terms of cost efficiency and traffic enforcement.”
“This achievement is truly a great honor for the Pennsylvania State Police and our motor carrier enforcement partners,” said State Police Commissioner Frank Noonan when announcing receipt of the award.
More than 100,000 trucks were inspected in PA in 2011, representing a 35 percent increase over the number of inspections performed just three years ago, according to the press release.
The National Highway Traffic Safety Administration reports in 2010, the most current year of data, […]
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CDC Lowers Amount of Lead Considered Toxic in Children
CDC lowers toxicity level of lead by 50 percent
Our Pennsylvania product liability attorneys have reported on numerous occasions about the dangers posed to children from every-day products – including batteries and magnets. While both of these pose swallowing hazards to children, some toys have been shown to contain lead which can lead to lead poisoning.
The U.S. Environmental Protection Agency reports that excess lead exposure affects the nervous system and can cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. The EPA reports that children six years old and younger are most at risk. Some of the adverse affects from lead exposure include: damage to the brain and nervous system; behavior and learning problems, such as hyperactivity; slowed growth; hearing problems; headaches; anemia; and in rare cases of acute lead poisoning from ingestion of lead, seizures, […]
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Pennsylvania Residents Asked to Remember the Meaning of Memorial Day and To Drive Safely After Enjoying the Festivities
Memorial Day signifies the start of summer for many people across the United States, and as we pointed out last week, AAA estimates nearly 35 million Americans will take to the roads for their favorite vacation destination. However, our Pennsylvania personal injury attorneys ask that you not forget the meaning of Memorial Day and take the time to honor our fallen soldiers.
“On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay.” This quote is posted on MemorialDay.org to remind U.S. citizens of the sacrifices made for our freedom.
Many cities and towns celebrate our soldiers with parades and ceremonies, including the 145th annual Memorial Day ceremony at Scranton’s Nay Aug Park. And family and friends get together for backyard barbecues to enjoy the day. […]
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PA Teen Drivers With Teen Passengers Are At a Higher Risk of an Automobile Accident
Our Pennsylvania truck accident attorneys have published a variety of articles stressing the importance of educating teen drivers about the dangers of distracted driving. Last week we presented information regarding Global Youth Traffic Safety Month that kicked off on May 8 to focus on keeping teens safe during the summer when the number of teen car accident fatalities rise.
While we are not “picking” on young drivers, we believe it is critical to pass on as much information to our readers as we can pertaining to teen driving hazards. Unfortunately, a distracted driving or impaired driving accident does not only physically ruin lives, it can also lead to legal and financial issues that can permanently alter a teen’s life.
According to an AP news article, a 16-year-old Connecticut teen is now facing charges, including negligent homicide with a motor vehicle and using a handheld telephone under age 18, […]
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