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.

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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, […]

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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. […]

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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 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, […]

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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, 20 percent of them said their parents have driven while under the influence of alcohol. […]

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Pennsylvania Motorists and Bicyclists Reminded to Share the Road

Pennsylvania’s bike safety law was passed in April in an effort to reduce injuries and save lives of Pennsylvania bicyclists.  With colleges and universities back in session throughout the state, many students take to the road on their bikes to get to and from classes. In an effort to raise awareness of the public, and college students alike, the University of Pennsylvania and the Philadelphia police are teaming up to kick off the annual Share the Road bicycle safety campaign.

The campaign will kick off tomorrow at 11 a.m. in front of the Penn Bookstore. The event features members of the Bicycle Coalition of Greater Philadelphia, PennCycle, Neighborhood Bike Works, Keswick Cycle, the Undergraduate Assembly, the Graduate and Professional Student Assembly and Penn’s Medical Emergency Response Team who will be on site to answer questions about bike safety.

“This safety campaign gives us an opportunity to collaborate with important stakeholders such as the City of Philadelphia Streets Department and bicycle advocate groups to get safety information out to bicyclists, […]

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