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.
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Medical Malpractice Frequently Asked Questions
Medical Malpractice Questions and Answers
What is medical malpractice?
Legal definitions vary slightly from state to state, but as a general rule medical malpractice (also known as medical negligence) means that a health care provider caused injury or death to a patient by failing to act within the applicable standard of care. Essentially, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act in a reasonable way under the circumstances and the unreasonable conduct causes harm.
How can I find out if I have a case?
Because medical malpractice law is very complex, the best way to know is by talking to an experienced medical malpractice lawyer. Be sure to tell the lawyer exactly what happened to you, from the first time you visited your doctor through your last contact. What were the circumstances surrounding your illness or injury? […]
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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. […]
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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…. […]
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Munley Law Personal Injury Attorneys Ranked Among 2013 ‘Best Law Firms’ by U.S. News Media Group and Best Lawyers®
The Pennsylvania law firm of Munley Law Personal Injury Attorneys, has received a Metropolitan Tier 1 ranking in the practice area of Personal Injury Litigation – Plaintiffs (Allentown) in the newly released 2013 “Best Law Firms” rankings from U.S. News Media Group and Best Lawyers.®
The firm has also received a Tier 2 ranking in the area of Workers’ Compensation Law – Claimants (Allentown) in the third edition of the rankings, which can be found online at http://bestlawfirms.usnews.com.
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process.
In addition to the firm’s practice area rankings, four lawyers from Munley Law Personal Injury Attorneys, […]
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Pennsylvania State Trooper Dies in Accident
State Police Commissioner Frank Noonan announced the tragic death of 47-year-old Trooper First Class Blake T. Coble of Troop D, Beaver Station after he was killed in an automobile wreck last Thursday. Coble was on duty Oct. 4 when he was struck by a semi at 10 a.m. at Black Hawk Road near Route 168 in South Beaver Township.
According to news reports, Coble’s patrol car was struck by the tractor-trailer when the truck driver went through a stop sign at the intersection. No charges have been filed against the driver of the truck, who has been cooperating with investigators, state police said.
In a press release announcing Coble’s death, Noonan said:
“He [Coble] died serving the people of the Commonwealth of Pennsylvania and the men and women of the Pennsylvania State Police mourn his loss and extend our sincere condolences to his family and friends. […]
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