Medical Malpractice

What is Medical Malpractice?

Medical Malpractice is, “bad, wrong, or injudicious treatment of a patient, professionally and in respect to the particular disease or injury, resulting. in injury, unnecessary suffering, or death to the patient, and proceeding from ignorance, carelessness, want of proper professional skill, disregard of established rules or principles, neglect, or a malicious or criminal intent .” (Black’s Law Dictionary 1111. 4th Ed. Rev. 1968). Like general malpractice, it refers to negligence in a professional setting. However, it is limited to healthcare providers, such as a doctor or hospital.

Medical malpractice occurs when a healthcare provider deviates from the applicable standard of care, intentionally or unintentionally, and harms a patient. Cases such as Napier v. Greenzweig show that medical malpractice can be as blatant as ignoring understood rules, or it can be a mistake like a severe surgical error or a misdiagnosis. Medical malpractice is considered to be a serious issue, and healthcare providers found liable for malpractice often pay extensive damages. Occasionally, a doctor may lose their license to practice medicine if malpractice is severe enough or repeated.

Fully understanding cases of medical malpractice often involves some level of medical knowledge. Because of this, it is difficult to prove medical malpractice in court, and expert witnesses are typically needed to testify about a healthcare provider’s negligence.

More information about Medical Malpractice

Personal Injury FAQs

Do You Have Personal Injury Questions? Contact Us for a FREE Initial Consultation.

When you are faced with a legal issue or have questions regarding the laws around a personal injury accident, let the leading personal injury law firm in Pennsylvania help you. Please call Munley Law Personal Injury Attorneys or submit a request using our contact form.

What is a personal injury?

A personal injury is a serious harmful act to a person or persons as a result of someone else’s negligence. Personal injury law can involve  many types of accidents including truck accidents, car accidents, motorcycle accidents, medical malpractice, product liability, premises liability, workplace injuries and accidents, spinal cord and brain injuries, pharmaceutical negligence, amputations, wrongful death, failure to diagnose cancer, birth and neonatal injuries, toxic torts, and child abuse.

How do I know if I have a personal injury case? […]

Read More

More information about Medical Malpractice

Munley Law Partner Marion Munley Sworn in as Treasurer for the American Association for Justice

Munley Law is pleased to announce that truck accident lawyer Marion Munley was sworn in as the Treasurer for the American Association for Justice (AAJ). 

The American Association of Justice is a 20,000-member organization of plaintiff attorneys dedicated to protecting the rights of trial by jury. The mission of the AAJ is to promote justice and fairness for injured victims, safeguard victims’ rights, and strengthen the civil justice system through education and disclosure of information critical to public safety and health. 

Marion has held several positions in the AAJ over the years. She was elected as the AAJ Parliamentarian in 2022 and has served on the Board of Governors and its Executive Committee. In 2018, she was the first woman to become the Chair of the AAJ Trucking Litigations Group and received the organization’s Robert W. Munley Champion of Justice Award in 2020.  […]

Read More

More information about Medical Malpractice

What You Should Know About Going to Court After a Truck Accident

How to Prepare For Trial When a Truck Accident Settlement Cannot Be Reached

Not all truck settlement cases reach a settlement outside of court. When negotiations are unworkable, and a settlement agreement cannot be reached, you need an experienced personal injury lawyer with a successful track record, and who is prepared to go to trial. Alternatively, if you are satisfied with the settlement offer, and if you are not willing to withstand the delay of a trial, you may wish to refrain from going to court with your case. At the end of the day, complex truck accident cases are best dealt with when an experienced truck accident lawyer is by your side.

With over 60 years of experience, Munley Law has earned a national reputation for our significant verdicts and settlements and for our expertise in the most complex areas of personal injury law — we have all the resources and preparedness to fight for you. […]

Read More

More information about Medical Malpractice

How Long Does It Take to Receive a Offer of Compensation?

Does it Take a Long Time to Receive a Fair Settlement Agreement?

After an accident, you may have a million things running through your mind. At the top of the list might be how you are going to recover from your injuries, including who is going to pay for medical bills, take care of you, and more. And how long does it take to receive compensation.

To ensure you receive fair compensation in any kind of personal injury claim or personal injury lawsuit, you want to make sure you have an experienced injury lawyer by your side. At Munley Law Personal Injury Attorneys, our personal injury lawyers have been fighting on behalf of victims for more than 60 years. Our team of lawyers have received settlement funds in the millions for our clients. We will use our skills to negotiate with insurance company to ensure you receive a fair offer of compensation so you can recover from your injuries. […]

Read More

More information about Medical Malpractice

Munley Law Personal Injury Attorneys Earns Regional Rankings in 2023 “Best Law Firms”

Munley Law Personal Injury Attorneys is pleased to announce that it has been named to the 2023 list of Best Law Firms by U.S. News & World Report and Best Lawyers®.

The firm earned four Tier 1 rankings in the Northeastern Pennsylvania metro area for the following practice areas:

  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Workers’ Compensation Law – Claimants

“This is truly an honor to be recognized for our law firm’s hard work in helping injured victims throughout Northeastern Pennsylvania,” said Caroline Munley, managing partner at Munley Law Personal Injury Attorneys.

In August, seven of the firm attorneys – Marion Munley, Daniel Munley, Caroline Munley, J. Christopher Munley, Robert Munley III, John Mulcahey, and Katie Nealon – earned recognition in the 2023 edition of The Best Lawyers in America. […]

Read More

More information about Medical Malpractice

Caroline Munley Certified as a Workers’ Compensation Law Specialist by Pennsylvania Bar Association’s Section on Workers’ Compensation Law

Munley Law Personal Injury Attorneys Partner Caroline MunleyMunley Law Personal Injury Attorneys is pleased to announce that Caroline Munley was certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law, as authorized by the Pennsylvania Supreme Court.

Caroline had successfully completed the 2022 certification process by submitting a variety of documents showing that at least 50 percent of her legal practice is in the specialty field of workers’ compensation, that she has practiced in the field for more than five years, and that she actively participates in Mandatory Continuing Legal Education in workers’ compensation law and related fields. Caroline also passed the certification examination focused on workers’ compensation law and rules, as well as leading case law.

In 2012, the Pennsylvania Supreme Court approved the Pennsylvania Bar Association Workers’ Compensation Law Section as the first bar association entity in Pennsylvania to certify lawyers in the area of workers’ […]

Read More

More information about Medical Malpractice

Heart Attack Misdiagnosis & Malpractice Lawyers

Was your loved one’s heart attack misdiagnosed?

It’s incredibly important you receive proper medical care urgently if you are experiencing signs of a heart attack. In some cases, symptoms can be mistaken by doctors for something less serious, which can lead to a heart attack misdiagnosis, resulting in pain and suffering, if not worse. Medical misdiagnoses like this can occur for many reasons, including when a hospital is understaffed, undertrained, or simply not following protocol to understand the scope of the patient’s symptoms.

If you or someone you love has experienced a heart attack misdiagnosis, you may be owed compensation for physical injuries, medical bills, and other losses. Munley Law Personal Injury Attorneys has decades of experience with medical malpractice cases, and we will fight to get you the justice you deserve.

Common heart attack symptoms

We’re often told to never underestimate any symptoms that could be related to a heart attack, […]

Read More

More information about Medical Malpractice

Frequently Asked Questions About Sepsis

Sepsis FAQ: I Was Diagnosed with Sepsis–Can I Sue the Hospital?

What is sepsis and is it serious?

According to the Center for Disease Control and Prevention (CDC), sepsis is the body’s extreme inflammatory response to an infection that occurs when harmful germs, bacteria, and toxins enter the blood, skin, lungs, urinary tract, or other tissue and cause an infection. If that infection is not treated, it can spread and cause sepsis.

The CDC classifies sepsis as a life-threatening medical emergency, sometimes resulting in the need for amputation, organ failure, and death.

Sepsis has a remarkably high mortality rate; about 50% of the 1.5 million people who contract it go into septic shock.

What Causes Sepsis?

Any infection can cause sepsis, but the most common types of infections that eventually lead to sepsis are:

  • Pneumonia and Other Lung Infections
  • Urinary Tract Infections
  • Abdominal Infections
  • Bloodstream Infections
  • Kidney Infections
  • Skin Infections

According to the CDC, […]

Read More

More information about Medical Malpractice

Pottsville Medical Malpractice Lawyer

If you or someone you love suffered due to medical negligence in the Pottsville area, contact a Pottsville medical malpractice lawyer at Munley Law Personal Injury Attorneys for a free consultation

munley law free consultWhen someone suffers harm because of medical mistakes or failure to follow a standard of care, the negligent caregiver should be held responsible.  As the patient or patient’s family member, you may be eligible for financial compensation for your suffering. The medical malpractice lawyers at Munley Law Personal Injury Attorneys can help. For nearly 60 years, our personal injury lawyers have helped people like you who have been harmed by medical errors or negligence.

Medical malpractice cases are often very complex. It is vital that you consult with an experienced medical malpractice attorney in Pottsville to ensure your have the best chance of recovering full and fair compensation for your losses. […]

Read More

More information about Medical Malpractice

Pennsylvania Personal Injury Lawyers From Munley Law Personal Injury Attorneys Named Best Lawyers 2018

best lawyers 2018The Pennsylvania personal injury lawyers at Munley Law Personal Injury Attorneys are pleased to announce that all six of our partners have been recognized in the 2018 edition of Best Lawyers in America.

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For the 2018 Edition of The Best Lawyers in America, 7.4 million votes were analyzed, which resulted in more than 58,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed;  inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” […]

Read More

More information about Medical Malpractice

Munley Law Personal Injury Attorneysyers named 2017 Pennsylvania Super Lawyers

Munley Law Personal Injury Attorneys: Six Super Lawyers and a Rising Star

We’re pleased to announce that once again the personal injury lawyers at Munley Law Personal Injury Attorneys have been included in the annual list of Pennsylvania Super Lawyers.

Only 5% of the attorneys in Pennsylvania earn this title. For more than a decade, the Munley lawyers have earned a spot on the Super Lawyers list. This year, we’re thrilled to announce that our own Katie Nealon has been named a Rising Star. Super Lawyers Rising Stars must be under the age of 40 and in practice for less than 10 years. This list is highly selective; only 2.5% of the young lawyers in Pennsylvania make the cut.

  • Robert W. Munley, Sr., Personal Injury – General: Plaintiff, Personal Injury;  Products: Plaintiff
  • Marion K. Munley, Personal Injury – General: Plaintiff, […]

Read More

More information about Medical Malpractice

Doctors on Probation for Gross Misconduct Still Practicing

hospital infectionWould you want to know if your doctor was on disciplinary probation?

When it comes to a physician’s disciplinary history, patients are kept very much in the dark. Physicians all over the country who have been disciplined for sexual misconduct, drug abuse, and devastating medical mistakes are still practicing, some while on probation, and they are not required to disclose their probationary status to their current patients.

Meanwhile, medical errors 3rd leading cause of death in the U.S.

Recently, Senator Jerry Hill of California authored a bill that would require doctors to inform patients of their probationary status. The legislation didn’t pass.

Is your doctor on probation?

Under current laws, doctors are required to disclose their disciplinary history to the hospital or practice where they work, and to their medical malpractice insurer, but are under no obligation to share this information with patients.  […]

Read More

More information about Medical Malpractice

Marion Munley Named Top 50 Women; Munley Law Personal Injury Attorneys listed in 2015 Pennsylvania Super Lawyers

superlawyers-fbook

Munley Law Personal Injury Attorneys is pleased to announce that seven of its attorneys have been named to the 2015 list of Pennsylvania Super Lawyers, an honor awarded to the top five percent of lawyers in Pennsylvania. In addition, Marion Munley has been named among the Top 50 Women Lawyers in Pennsylvania by PA Super Lawyers.

As of this year, all of our attorneys have been named Pennsylvania Super Lawyers.

  • Robert W. Munley, Sr., Personal Injury – General: Plaintiff, Personal Injury  – Products: Plaintiff
  • Marion K. Munley, Personal Injury – General: Plaintiff, Personal Injury – Medical Malpractice: Plaintiff
  • Daniel W. Munley, Personal Injury – General: Plaintiff, Personal Injury – Products: Plaintiff
  • Christopher Munley, Personal Injury – General: Plaintiff
  • Julia K. Munley, Personal Injury – General: Plaintiff, Social Security Disability, Workers’ Compensation
  • John M. […]

Read More

More information about Medical Malpractice

Mesothelioma Misdiagnosis Lawyers

BG Munley - Medical Malpractice

Have You or a Loved One Had a Mesothelioma Misdiagnosis?

Mesothelioma diagnosis errors are estimated to cause over 500 deaths every year.

If you or a family member has suffered because of a doctor’s improper or missed diagnosis of mesothelioma, you may be able to recover your past and future medical expenses, lost income, and compensation for your pain and suffering, diminished quality of life or reduced lifespan, disability, and more. Please contact Munley Law Personal Injury Attorneys today to speak with a mesothelioma misdiagnosis attorney. We have offices conveniently located in Scranton, Wilkes-Barre, Philadelphia, and Carbondale, PA.

About Mesothelioma

A layer of specialized cells – known as mesothelial cells – lines the inside of the chest, abdomen, heart and the other surfaces of most of our internal organs. Mesothelium, the lining formed by the cells, generates a lubricating fluid that allows our internal organs to move. […]

Read More

More information about Medical Malpractice

Breast Cancer Misdiagnosis Lawyers

Have you or a loved one had a breast cancer misdiagnosis?

Cancer misdiagnosis currently accounts for 10-20% of all cancer cases and far exceed wrong drug and wrong surgical site errors. A vast majority of these late or incorrect diagnoses are life-threatening or result in death. For breast cancer alone, diagnosis errors are estimated to cause over 40,000 deaths every year. This is unacceptable.

If you or a family member has suffered because of a doctor’s improper or missed diagnosis of your breast cancer, you may be able to recover your past and future medical expenses, lost income, and compensation for your pain and suffering, diminished quality of life or reduced lifespan, disability, and more. Please contact Munley Law Personal Injury Attorneys today to speak with a breast cancer misdiagnosis attorney or call us at [phone-number]. We have offices conveniently located in Scranton, […]

Read More

More information about Medical Malpractice

How to Protect Yourself from Carbon Monoxide Poisoning

A scare at a Dunmore, PA hotel this past weekend brought attention to the dangers of carbon monoxide (CO) poisoning. According to WNEP News, 200 people were evacuated from the Dunmore Best Western after police said a furnace in the hotel malfunctioned. The Scranton Times reported that between 20 and 30 were taken to area hospitals to be evaluated for possible CO inhalation.

The Centers for Disease Control and Prevention (CDC), reported that every year, nearly 500 people die in the U.S. from accidental CO poisoning. CO is an odorless, colorless gas that can cause sudden illness and death if inhaled.

Where is Carbon Monoxide Found

CO is found in combustion fumes, such as those produced by fuel-burning space heaters, furnaces, charcoal grills, cooking ranges, water heaters, fireplaces, portable generators, wood-burning stoves, and car and truck engines. Normally, the levels of CO produced by these sources aren’t dangerous. […]

Read More

More information about Medical Malpractice

Community Health Systems hacked, affecting many in NEPA

Marion Munley

Hackers broke into Community Health Systems, stole data on 4.5 million patients

Community Health Systems, the owner of Moses Taylor and Regional Hospitals in Scranton, Wilkes-Barre General, Tyler Memorial near Tunkhannock and First Hospital in Kingston, announced Monday that it was the target of a cyber attack.

Community Health Systems operates 206 hospitals across the country, including those mentioned locally. The company said that hackers broke into its computers and stole data on 4.5 million patients. According to reports on Fox News, they believe the attack originated in China.

CNN reported that the hackers gained access to names, social security numbers, addresses, birth dates and phone numbers, which is considered a breach under HIPPA. Anyone who received treatment from a physician’s office tied to a network-owned hospital in the last five years, or was merely referred by an outside doctor may be affected. […]

Read More

More information about Medical Malpractice

Kids and pets left in hot cars can have tragic ending

Leaving a child unattended in a vehicle on a hot summer day can lead to heatstroke and can kill in minutes. The Department of Earth & Climate Sciences at San Francisco State University reported that there have already been 21 child deaths this year due to heatstroke from being left in a hot vehicle.

Tragedy can strike when parents or caregivers forget or knowingly leave children or pets in hot vehicles. It can also occur when unattended children play in parked vehicles. A car can heat 20 degrees in just ten minutes. Even with temps in the 60s, the interior of a car can eventually heat up above 110 degrees. A child will die of heatstroke when their body temperature reaches 107 degrees, according to the National Highway Traffic Safety Administration (NHTSA).

The issue of child heatstroke deaths reached national attention in June when a father in Atlanta said he forgot his son in the car seat while he was at work all day. […]

Read More

More information about Medical Malpractice

Medical errors third-leading cause of death in America

A “Medical Errors” report just released by U.S. Senator Barbara Boxer calls medical errors a “quiet and largely unseen tragedy.” New research estimates up to 440,000 Americans are dying each year as the result of medical errors and other preventable hospital errors. According to the Journal of the American Medical Association (JAMA), and based on these figures, medical/hospital errors is the third-leading cause of death in America, behind heart disease and cancer.

Senator Boxer stated, “these deaths are all the more heartbreaking for families because they are preventable.”

The Partnership for Patients, a new public-private partnership funded through the Affordable Care Act, released a list of the 9 most common medical errors:
1. Adverse drug events
2. Catheter-associated urinary tract infections
3. Central line-associated blood stream infections
4. Injuries from falls and immobility
5. Obstetrical adverse effects
6. Bedsores
7. […]

Read More

More information about Medical Malpractice

Hospital Patients Given Wrong Medicine On Discharge

Three out of four patients go home from the hospital with the wrong prescriptions or a lack of understanding about their medications.

That’s the disturbing conclusion of a new study from Yale-New Haven Hospital.

The chief researcher, Dr. Leora Horwitz, who also practices at the hospital, said health care providers “do a relatively poor job of educating patients about their medications.”

Medical malpractice mistakes involving medication errors cause injuries to more than 1.3 million persons a year.

This is from the New Haven Register:

A recent study [Dr. Horowitz] led looked at 377 patients at Yale-New Haven Hospital, ages 64 and older, who had been admitted with heart failure, acute coronary syndrome or pneumonia, then discharged to home.

Of that group, 307 patients – 81 percent – either experienced a provider error in their discharge medications or had no understanding of at least one intended medication change…. […]

Read More
Search
Categories
Archives
LCA
PA Bar Association
top 100
Super Lawyers
Best law firms
best lawyers
top 1% of trial lawyers
av
Irish Legal
BBB Accreditation Badge The information contained on this website does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.
844-686-5397