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 Drivers: Keep Both Hands on the Wheel!
Studies on distracted driving seem to be dominating the news. The Centers for Disease Control and Prevention (CDC) reports that 15 people die, and 1,200 more are injured, nationwide every day due to an accident caused by a distracted driver. While cellphone use is the primary focus of distracted driving campaigns, a new study found that when a driver has just one hand on the steering wheel the risk of an accident increases.
In a study conducted using a driving simulator in Great Britain, researchers at the University of Leeds found that people who eat while driving have a reaction time that is 44 percent slower than those who have both hands on the wheel. The report, “Two Hands are Better Than One,” also found that drivers who sip coffee while behind the wheel are 22 percent slower in their reaction speed and were 18 per cent more likely be unable to maintain a steady central lane position. […]
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Pennsylvania’s Bike Safety Law In Effect
March saw the enactment of Pennsylvania’s anti-texting law. Continuing the effort to improve safety for all Pennsylvania residents riding the state’s highways, Governor Tom Corbett enacted another safety law in April – the bike safety law. Noting that biking is great exercise and an efficient mode of transportation, state Rep. Ron Miller, R-York sponsored the law that went into effect April 2.
“We need to do all that we can to promote the activity and protect bike enthusiasts through legislation that makes it safer for them to enjoy their sport,” said Miller in an article in the Morning Call.
The bike safety law requires motorists to leave a 4-foot “cushion of safety” when passing a bicyclist. The motorist can cross the center line when passing the cyclist as long as it is safe. In addition, the new law calls for bicyclists “to use all reasonable efforts to avoid impeding the normal flow of traffic.” […]
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PennDOT Launches “Just Drive PA” Safety Campaign
At the start of this month we presented our readers with information about National Distracted Driving Awareness Month. Designated as such by the U.S. Department of Transportation, all drivers are asked to eliminate any distractions while driving, especially cell phones, and to stay focused.
Now, as part of the National Distracted Driving Awareness campaign, the Pennsylvania Department of Transportation (PennDOT) has announced a statewide initiative aimed at improving safety on Pennsylvania roadways. “Just Drive PA” is aimed at encouraging “motorists to ‘Just Drive’ and concentrate only on the task at hand.”
Citing estimates that 58 people lost their lives in the nearly 14,200 Pennsylvania automobile accidents attributed to a distracted driver in 2011, PennDOT launched the new initiative. The campaign is designed to educate the public about the state’s new anti-texting law and about the results of distracted driving, as well as to bring attention to motorcycle safety, […]
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Pennsylvania Safe Driving Tips
As part of the State’s public safety education campaign, the Pennsylvania State Police “strive to ensure you are provided with information and services that will help you Be Smart, Be Aware and Be Safe at home, at work and in your communities.”
To be safe on the highway, the state police offer the following safe driving reminders:
- Steer Clear Law. The ‘Steer Clear’ law requires drivers to move over or slow down when they encounter an emergency scene, traffic stop or disabled vehicle. This law will help prevent injuries to rescue personnel and disabled motorists. Drivers are asked to follow the law and use common sense.
- Clearing off your vehicle. Although the winter weather is behind us, this reminder is pertinent year round and reminds drivers to clear their vehicle of any hazards. This includes snow and ice in the winter, […]
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PSP Release Car Accident Report From Easter Weekend
Pennsylvania State Police report there were 470 Pennsylvania automobile accidents during the long Easter weekend from Friday, April 6, through Sunday, April 8. Three people died and 196 were injured in the accidents.
Commissioner Frank Noonan reported the statistics Monday afternoon. He further reported that one of the persons that died in a car accident was not wearing a seat belt. In addition, 56 of the 470 crashes were alcohol-related with two of the fatalities being alcohol related.
The police were also out trying to limit accidents through enforcement events. According to the troop breakdown report, troopers charged 292 people with DUI, issued 4,723 speeding tickets, gave 529 seatbelt warnings and issued another 5,906 citations during the weekend.
In comparison to the 2011 Easter period, two people died and 196 were injured in 527 crashes investigated.
Our Pennsylvania car accident attorneys encourage all drivers to practice good defensive driving behaviors when taking to our highways. […]
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