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

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. […]

Mesothelioma Misdiagnosis Lawyers

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. […]

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, […]

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. […]

Community Health Systems hacked, affecting many in NEPA

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. […]

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. […]

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. […]

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…. […]

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, […]

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. […]

Take the Time During National Fire Prevention Week to Protect Your Family Against Fires

Residents of Pennsylvania are urged to take the time this week to participate in National Fire Prevention Week. Fire Prevention Week, celebrated Oct. 7-13, has been set aside through a Presidential Proclamation as a time “to protect ourselves, our families, and our communities from fires, and we honor the courageous first responders who put their lives at risk to keep us safe.”

According to the National Safety Council, in 2010, there were 3,100 unintentional deaths related to fire, smoke and flames. Many of these fires resulted in death, serious injuries and destroyed homes.

The National Safety Council offers the following steps for families to take to prevent fires:

Have properly working smoke alarms
Test smoke alarms and carbon monoxide detectors monthly and change the batteries at least once a year
Place smoke alarms on each floor of your home and in each bedroom
Plan a family escape route and practice it once a month
Install a home sprinkler system
Place fire extinguishers throughout your home and make sure everyone in the house knows how to use them

One key theme of the week is to “Have 2 Ways Out!” According to Firehouse.org, […]

Pennsylvania Celebrates International Walk to School Month

PennDOT is joining forces with other organizations across the United States, and the world, in supporting International Walk to School Month throughout October. Using the motto “Get up, Get out, and Get Moving!” the organizers are focusing on demonstrating the role walking and bicycling to school can play in improving health, safety and community life.

According to iWalk, the official website of International Walk to School Month:

“International Walk to School Month gives children, parents, school teachers and community leaders an opportunity to be part of a global event as they celebrate the many benefits of walking. Walkers from around the world walk to school together for various reasons — all hoping to create communities that are safe places to walk.”

“Every child should have the opportunity to walk to school safely,” said Transportation Deputy Secretary John Porcari. “Walk to School Day [held Oct. […]

Pennsylvania Car Accident Lawyer Joins Call to Ban Use of Hand-Held Cell Phones While Driving

Scranton, PA, September 27, 2012 — Pennsylvania car accident attorney Caroline Munley said today that she supports efforts to broaden the state’s distracted driving laws to include a ban on using hand-held cell phones while behind the wheel.

A law prohibiting texting while driving in Pennsylvania became effective earlier this year. However, because it is still legal to talk on a cell phone or search for contacts on a phone while behind the wheel, police say it is difficult to detect drivers engaged in text messaging and enforce the ban, according to a recent Scranton Times-Tribune report.

“If the goal of the law is to deter drivers from engaging in conduct that is dangerous and puts others at risk of distracted driving accidents, injury and death, then a full ban on the use of hand-held cell phones while driving a motor vehicle is an entirely appropriate, […]

Teens Learn Poor Driving Habits from Their Parents

Our Pennsylvania car accident attorneys previously reported that over the past five years in Pennsylvania, distracted driving led to nearly 4,000 crashes involving 16- and 17-year-old drivers and resulted in 18 deaths. We often ask parents to impress upon their teen drivers the importance of staying focused while driving and not using their cellphones. However, according to a new study, parents may actually be the cause of their childrens’ poor driving behaviors.

In the survey from Liberty Mutual and Students Against Destructive Decisions (SADD), researchers found that an overwhelming number of the young drivers reported they get their poor driving habits from their parents. Of the 1,700 teens surveyed, over 90 percent of them report their parents talk on the cell while driving, 88 percent of their parents speed, and 59 percent reported their parents have sent a text while driving. Still worse, […]

Pennsylvania Drunk Drivers More Likely to be Men

A new study reports that nationwide nearly 60 percent of all drivers in fatal automobile crashes had alcohol or drugs in their systems. In the review of five years of data, researchers found that men, and those driving at night, were more likely to crash with alcohol in their systems. These findings are not much different than the 2011 Pennsylvania alcohol-related crash data that found 76 percent of the drinking drivers in traffic crashes were male.

Researchers at Columbia University reviewed data from the National Highway Traffic Safety Administration on fatalities in 14 states. They found that out of 20,150 fatally injured drivers between 2005 and 2009, 57 percent tested positive for at least one drug, and 20 percent had at least two drugs in their system when the accident occurred. Alcohol was the most common drug found in toxicology screenings, followed by marijuana and stimulants comprising 20 percent of the drugs, […]

PA Legislator to Propose Cellphone Ban

This month we reported that law enforcement have been challenged when enforcing Pennsylvania’s anti-texting law. Since the law allows for talking on the cellphone, drivers can deny they were texting if pulled over and say they were calling someone. At least one Pennsylvania legislator wants to do something about it and is proposing a ban on all cellphone use behind the wheel.

The Pocono Record reports House Appropriations Minority Chairman Rep. Joseph Markosek, D-Allegheny plans to introduce the new regulations in the fall. Although the bill has not yet been circulated for co-sponsorship, Markosek believes it has support within the Democratic caucus.

The ban, that will result in a fine of $50, or $100 if driving in a school zone, work zone or highway safety corridor, is being introduced to help police enforce the current ban on texting while driving.

The Pocono Record references the Pennsylvania Department of Transportation statistics that estimate 58 deaths and more than 14,000 distracted-driving car crashes occurred in 2011. […]

One in Five Violation Rate Not Acceptable, Pennsylvania Truck Accident Lawyer Says

Scranton, PA, September 08, 2012 — Truck accident attorney Marion Munley said today that national inspections of 74,072 trucks and buses that resulted in one-fifth of the vehicles being removed from the road should raise concerns for the sponsoring Commercial Vehicle Safety Alliance (CVSA).

The CVSA said in a recent news release that its 25th Annual Roadcheck, a commercial motor vehicle (CMV) safety enforcement and outreach event, inspected a record number of trucks and buses.

The organization said 22.4 percent of CMVs and 3.9 percent of drivers were placed out of service, or removed from the road, after the inspections. The CVSA said those vehicle and driver OOS rates represented the second-lowest in the program’s history.

Munley, a nationally recognized Pennsylvania truck accident lawyer with the Scranton personal injury firm of Munley Law, said those numbers were still too high.

“It’s certainly a concern when one in five of the tractor-trailers and other big-rig trucks that trucking companies continue to put on the road are in such poor shape that they should be removed from the road before they cause an accident,” she said. […]

AT&T Calls on All Drivers to Take its Never Text and Drive Pledge

AT&T stresses danger of distracted driving with its anti-texting while driving campaign

As Labor Day weekend comes to a close, so too does the state’s Drive Sober or Get Pulled Over campaign. However, the Pennsylvania State Police is on the lookout for drunk drivers 365-days-a-year. The police are also focused on stopping distracted drivers from taking to the PA highways. Now, AT&T is helping all law enforcement by raising the bar on its anti-texting campaign. AT&T is warning of the serious dangers caused by texting and driving and is urging all drivers to take its “Never Text and Drive” pledge.

AT&T’s message is simple: “When it comes to texting and driving, it can wait.” On its website, AT&T presents the pledge as follows:

No text message, email, website or video is worth the risk of endangering my life or the lives of others on the road. […]

Pennsylvania Drivers Urged to be Aware of Information Exchanged After a Car Accident

Our Pennsylvania car accident attorneys encourage all drivers to do the right thing after a car accident: stop, assist others involved, call the police, exchange information with others, and contact your doctor. All of these are key steps to help minimize the stresses associated with being in a car crash and to help ensure that all legal processes are completed.

However, according to the National Association of Insurance Commissioners (NAIC) while it is important that anyone that has been in an accident shares appropriate information, it is critical that they not share too much information and risk putting themselves in jeopardy of identity theft.

The NAIC, the U.S. standard-setting and regulatory support organization created and governed by the chief insurance regulators in the U.S., reports identity theft is one of the fastest-growing crimes in the U.S. Federal statistics estimate nearly 9 million Americans have their identities stolen each year. […]

Pennsylvania Drunk Drivers Target of Police Crackdown

The National Highway Traffic Safety Administration is once again getting the message out to Americans to “Drive Sober or Get Pulled Over.” Pennsylvania State Police and law enforcement agencies across the country are joining in the latest campaign, that runs through Labor Day, in an effort to get impaired drivers off roads.

According to the National Highway Traffic Safety Administration’s 2010 State Motor Vehicle Fatalities statistics, there were 10,228 alcohol-impaired-driving fatalities nationwide in 2010. Pennsylvania saw 433 alcohol-related highway deaths in 2010. These deaths represented 24 percent of the 1,324 fatal accidents in the state that year. Pennsylvania Department of Transportation reports preliminary data shows there were 428 alcohol-related accident fatalities and approximately 11,700 alcohol-related crashes statewide in 2011.

In a ceremony in Berks County where officials unveiled a memorial for victims of DUI accidents, Trooper Ethan Brownback said, “We’re having checkpoints all over the county, […]