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

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 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, […]

Tire Blowout Injures Seven in Pennsylvania Car Accident

A two-vehicle crash last week on the Northeast Extension of the turnpike in Moosic, PA, resulted in injuries to seven people and left traffic tied up for more than an hour. A woman was driving in the left northbound lane of Interstate 476 near mile marker 119, when the car’s rear driver’s side tire blew out, according to news reports.

The driver lost control of the vehicle and it traveled into the right lane where it struck the rear of a minivan carrying seven occupants. The minivan rolled onto the passenger side and came to rest on a concrete barrier. Police cited tire failure as the cause of the accident, and no charges were filed in the accident.

TireSafety.com, a website dedicated to educating the public about proper tire maintenance sponsored by Bridgestone, reports that under inflation is the leading cause of tire failure. […]

Triple Fatal Accident Serves as a Reminder to Pennsylvania Drivers of the Dangers of Drowsy Driving

An early morning accident on Saturday left three people dead and two others seriously injured after the driver apparently fell asleep behind the wheel. The single-car crash occurred around 2:15 a.m. on I-81 north near Butler Township after the car traveled across the grass median and slammed into the concrete bridge support beam.

The National Highway Traffic Safety Administration (NHTSA) reports that drowsy driving accidents cause more than 100,000 crashes a year, resulting in 40,000 injuries and approximately 1,550 deaths. However, the NHTSA believes these numbers are actually much higher due to underreported drowsy driving accidents.

One of the leading causes of drowsy driving is shift work. With irregular hours, long shifts, and disrupted sleep patterns, the NHTSA reports shift workers run a particularly high risk of drowsy driving crashes.

However, anyone that is sleep deprived is a danger on the highway. […]

Lightning Strike at Pennsylvania Racetrack Raises Concern of Spectator Safety

As severe thunderstorms rolled through the area on Sunday, 85,000 fans were sitting in stands and in the infield at the Pocono Raceway watching the Pennsylvania 400 NASCAR race. For the safety of the drivers and the fans, the race was called off, but it was too late – two lightning strikes hit 10 spectators.

According to WNEP, the Monroe County EMA alert system issued a severe thunderstorm warning for the area at 4:12 p.m. NASCAR stopped the race at 4:54 p.m. The first lightning strike was shortly after 5 p.m., killing one man and injuring eight others. The second strike was reported at 6:35 p.m., injuring one person.

Officials with the Pocono Raceway and NASCAR are investigating the hour leading up to the tragedy. While the racetrack officials contend warnings were issued, some of the attendees are disputing that claim. Philly.com reports some attendees said there were no audible warnings given to spectators during the closing stages of the race. […]

PA Drivers Should Call 911 to Report Dangerous Texting Drivers

Our Pennsylvania car accident attorneys have continued to provide information to educate drivers of the dangers of texting while driving. The National Safety Council (NSC) reports that nationwide almost 25 percent of car crashes involve cell phone use and nearly 1.3 million crashes each year can be attributed to cell phone usage while driving. If you are a focused, defensive driver, however, the USA Today reports that you should get away from distracted drivers to help prevent yourself from becoming one of these statistics.

According to the USA Today, police not only recommend distancing yourself from the offensive drivers, but also suggest calling 911 if you believe the drivers are a danger to others. Auburn Police Division Capt. Tom Stofer told USA Today that drivers should give a wide berth to texting drivers — and to call 911 in the worst cases.

“If I was a citizen and if I saw an extreme case, […]

CPSC Sues Buckyballs Maker to Pull the Dangerous Toys From the Market

We have reported on the warnings issued by both the U.S. Consumer Product Safety Commission (CPSC) and by health advocates in the UK regarding children ingesting Buckyballs, a set of round, high-powered magnets that are meant to be used by adults as a stress-relieving desk toy.

When multiple magnets are swallowed, they often adhere through the intestines or bowel causing obstructions and/or tears in the intestinal lining. Immediate surgery is necessary to prevent further damage and to remove the magnets and repair the damage.

Since the CPSC issued the warning in November, however, it has received over one dozen reports of children ingesting the magnets, many of which required surgical intervention. Now, the CPSC has filed an administrative complaint against Maxfield & Oberton Holdings LLC, the toymakers, “alleging that Buckyballs and Buckycubes contain a defect in the design, packaging, warnings, and instructions, which pose a substantial risk of injury to the public.”

While Maxfield & […]

Deadly Pennyslvania Accident Serves as a Reminder of the Importance of Seatbelts

A deadly car accident in Wells Tannery last month serves as a reminder that seatbelts are not an inconvenience – they can be lifesavers. Two teens died and two were seriously injured when the driver of their car apparently lost control sending the vehicle off the roadway and into several trees. Sadly, none of the four occupants were wearing a seatbelt.

The National Highway Traffic Safety Administration (NHTSA) estimates that while the use of seatbelts saved 356 lives in Pennsylvania in 2010, another 136 could have been saved if all of the people had buckled up. The NHTSA reports that 868 people (aged 5 and over) died in PA accidents in 2010. Of those, 273 were properly restrained, whereas 505 did not have their seatbelts on at the time of the crash.

JustDrivePA.org maintains key educational material on its website related to seatbelt usage. […]

Pennsylvania Drivers Asked to be On the Lookout for Joggers

Running is one of the most popular forms of exercise among Americans. In fact, according to Running USA, there are over 35 million recreational runners in the United States. Although there are numerous health benefits to running including, weight loss, improved cardiovascular health, natural stress relief and increased strength, runners also risk serious injuries from being struck by a vehicle.

Just this month, a 20-year-old woman was jogging in Blooming Grove, just 35 miles east of Scranton, when she was struck and killed by a car, according to news reports. The driver apparently intentionally ran his vehicle onto the shoulder of the highway and struck and killed the woman as she jogged on Route 507. Although this was an extreme case, it does serve as an example of the dangers Pennsylvania runners face when running on the roadways and highways.

Runners and pedestrians face the same risks when around traffic – distracted drivers, […]

PennDOT Offers PA Residents Key Safety Resources

Although you may have heard of the Pennsylvania Department of Transportation (PennDOT) in regards to road construction projects throughout the state, PennDOT is also tasked with keeping the Pennsylvania roadways safe through various programs and campaigns. As part of National Distracted Driving Awareness Month in April, PennDOT launched “Just Drive PA,” a new initiative aimed at improving safety on Pennsylvania roadways.

According to a PennDOT notice:

The ‘Just Drive’ slogan reinforces that distractions, driving impaired and other unsafe driving behaviors have no place on our roadways.” said PennDOT Secretary Barry J. Schoch. It reinforces the need to drive properly, wear seat belts, look out for other travelers and always avoid distractions. Remember “when you’re behind the wheel, your biggest and only responsibility is to focus on safe driving.

The Just Drive PA website, www.justdrivepa.com, features a “Distracted Driving” […]

PA Drivers Have Opportunity to Participate in PennDOT Survey

Our Pennsylvania car accident attorneys have continuously urged PA drivers to drive safely when on our highways. We also strive to present articles regarding safety initiatives and campaigns aimed at improving highway safety. Now, Pennsylvania residents have the opportunity to be heard regarding the efficacy of the state’s traffic safety enforcement and their peers’ driving behaviors.

PennDOT has published its Highway Safety Planning Survey online at www.JustDrivePA.com. The survey questions focus on several key safety initiatives: seat belt use, impaired driving, speeding, motorcycles, distracted driving. Each state is required to complete this survey by the National Highway Traffic Safety Administration.

Residents have until July 27 to complete their feedback. The survey is anonymous, although information is maintained on gender and zip code of residence.

Palmer-Forks Patch reports that more than 3,500 people responded to last year’s survey.

According to PennDOT’s website, […]