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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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. […]
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Pennsylvania Students Given Firsthand Account of the Dangers of Distracted Driving
Recent television commercials by AT&T are aimed at educating drivers of the hazards of texting behind the wheel. The campaign is meant to appeal to the audience by showing the devastation distracted driving can cause by having real-life victims, or family members of deceased victims, tell their personal stories of how a distracted driving accident changed their lives.
Recently, students at Central Penn College in East Pennsboro Township received a firsthand account of the tragedy of distracted driving. Amanda Kloehr, who was distracted while driving in 2008, was in an accident that “cost an eye, nearly cost her life and led to more than 20 surgeries to rebuild her smashed face,” according to PennLive.com.
Kloehr doesn’t remember the details of the night, but said that during her drive from New Jersey to Virginia she was constantly distracted. She said she passed the time by talking on her cellphone, […]
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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, […]
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Pennsylvania Law Enforcement Are Targeting Aggressive Drivers
Pennsylvania law enforcement will be out in force until August 16 targeting aggressive drivers on PA highways. In a partnership with PennDOT, the PA State Police, the Montgomery County Health Department and Buckle Up PA are taking on dangerous drivers on the highways through the statewide aggressive-driving campaign.
According to a press release issued last week by PennDOT, law enforcement will be focusing on motorists who exhibit key aggressive driving behaviors including tailgating, speeding and running red lights. Last year, police issued 142,013 aggressive driving-related citations across the state.
Philly.com reports that inPennsylvania, aggressive drivers caused 6,300 crashes in 2011, killing 168 people.
PennDOT has been actively targeting aggressive driving through its Pennsylvania Aggressive Driving Enforcement and Education Project. The project is funded through $2.3 million in federal funds from the National Highway Traffic Safety Administration (NHTSA).
The NHTSA notes that aggressive driving has become a serious problem on our nation’s roadways. […]
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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 & […]
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