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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Car Accident Round-Up – Teenagers Die in Early Morning FL Accident
Car spins out of control, strikes light post and splits in two killing two teenagers in fatal accident
Two Teens Dead, One Critical After Miami Accident
The Miami-Herald reports a 2:30 a.m. Saturday accident in Miami, FL left two teenagers dead and another critically injured when the car in which they were traveling struck a light post on the highway causing the vehicle to split in half. The accident, on the Dolphin Expressway near Northwest 17th Avenue, occurred when the car swerved and crossed the inside lane and shoulder, spun and struck the concrete wall and a light post. The two pieces of the car blocked both the westbound and eastbound lanes of the highway. The 17-year-old driver and an 18-year-old passenger were pronounced dead at the scene. The second passenger, 18-years-old, was found seat belted into the rear section of the car. She was taken to Ryder Trauma Center. […]
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Florida Supreme Court Upholds $10.3 Million Medical Malpractice Award
The widow of a man who suffered a heart attack and died when his Palms West Hospital doctor failed to give him the anti-clotting drug Retavase will receive the $10.3 million previously awarded, according to a ruling by the Florida Supreme Court this week. The award amount was being disputed due to the $1 million medical malpractice cap put in place in Florida months after the man’s death.
The court referred to a decision rendered in July when it determined the award cap could not be applied retroactively. The man died in 2003, however, the lawsuit was not filed until 2005. The defense argued the time of lawsuit should be used and thus, the cap limits should apply.
The award amount had also been upheld by the Fourth District Court of Appeal in 2009 saying, “It is therefore well settled that retrospective laws are generally unjust.” […]
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Missouri Family Awarded $7 Million in Fatal Tractor-Trailer Accident
The family of a tractor-trailer driver who died in a 2008 Arkansas truck accident has been awarded $7 million by a federal jury. The fatal crash between two tractor-trailers occurred when a truck owned by Dunaway Timber Co. crossed the center line hitting the other truck head-on.
The lawsuit alleged that Dunaway’s driver was fatigued after driving longer than the U.S. Department of Transportation rules allowed. The driver also was inexperienced and had a “horrible driving record,” according to the lawsuit. Both the driver and Dunaway Timber were found liable.
Maverick Transportation, which employed the deceased driver, sued Dunaway because of damage to their truck. They were awarded $93,000.
About Munley Law Personal Injury Attorneys
Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, […]
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Car Accident Round-Up – Three Dead, Four Injured in VA Head-On Collision
Jeep Cherokee crosses center line, causes head-on car accident
VA Accident Kills Three, Injures Four
According to the Roanoke Times, a Jeep Cherokee carrying four people crashed head-on into a Plymouth van carrying three people Saturday afternoon in Bedford, VA leaving three people dead and four injured. The Jeep was heading eastbound on Virginia 24 when it crossed the center line striking the westbound van. The driver and front passenger of the Jeep died; the other two passengers were air lifted to a nearby hospital. The front passenger of the van died; the driver and another passenger were taken to a local hospital.
Fatal Accident in FL on I-95
First Coast News reports an early morning accident on Wednesday closed down northbound lanes on I-95 near US 1 and SR 206 in St. Johns County, Florida. Although details are unclear, apparently a pickup truck flipped several times after crashing into another vehicle. […]
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Pennsylvania Hospital to Pay $2.2 Million in Birth Injury Lawsuit
UPMC Hamot and several of its doctors have settled a lawsuit filed in 2008 against a woman alleging a “botched” delivery resulted in cerebral palsy and other medical problems for her child. The childbirth was in 1998.
The woman went to the hospital in February 1998, after going into labor two months prematurely. The lawsuit claims the medical staff failed to respond appropriately to indications that the fetus was in distress. Neither the hospital nor the doctors admitted any wrongdoing.
The child will not be able to live independently and suffers from cognitive impairment, seizures and motor and language delay.
According to The Erie Times-News, the $2.2 million will be placed in a special-needs trust and paid out over time to cover the costs of the child’s medical care over her lifetime.
About Munley Law Personal Injury Attorneys
Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, […]
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