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

Judge Rules Person Who Sent Text Resulting in Motorcycle Accident Not Liable

At the end of May we reported on the distracted driving lawsuit brought by a couple who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting. The couple claimed that not only should the teen driver of the vehicle that hit them be held liable for their motorcycle accident, but so should the driver’s girlfriend, who sent him a text message just seconds before the crash.

The judge ruled last week in the first case of its kind to hit the dockets in the U.S. He dismissed the claims against the woman in the lawsuit ruling that the person sending the text to which the driver was responding “cannot be held liable.”

The ruling sends the message that it is not the responsibility of the texter to monitor where the recipient of a text message is when responding to a message. […]

PA ranked 30th in U.S. for injury deaths

Researchers set out to determine which U.S. states are the safest. In a study released last month, each state was ranked by 10 key indicators of steps states can take to prevent injuries, including those caused by accidents and violence, to their residents. Pennsylvania received a score of 5 out of 10, leaving the state plenty of room for improvement.

The study, entitled “The Facts Hurt: A State-By-State Injury Prevention Policy Report,” by the Trust for America’s Health (TFAH) and the Robert Wood Johnson Foundation (RWJF), looked at each state, ranking them on a 10 to 0 scale, with states receiving one point for each of 10 policies that could improve safety. Two states, California and New York, scored nine out of the possible 10 points, and had the best overall ratings. Montana and Ohio both scored the worst overall with just 2 points each. Arkansas, Colorado, Indiana, […]

Pennsylvania Receives Truck Safety Award from U.S. DOT

The Pennsylvania State Police announced this month they received the prestigious 2012 Safety Enforcement Improvement Award from the U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA).

The award, presented at the FMCSA’s annual leadership conference, is presented to the one state “that demonstrates the greatest improvement to its truck safety enforcement program in terms of cost efficiency and traffic enforcement.”

“This achievement is truly a great honor for the Pennsylvania State Police and our motor carrier enforcement partners,” said State Police Commissioner Frank Noonan when announcing receipt of the award.

More than 100,000 trucks were inspected in PA in 2011, representing a 35 percent increase over the number of inspections performed just three years ago, according to the press release.

The National Highway Traffic Safety Administration reports in 2010, the most current year of data, 164 people died in crashes involving a large truck in Pennsylvania. […]

CDC Lowers Amount of Lead Considered Toxic in Children

CDC lowers toxicity level of lead by 50 percent

Our Pennsylvania product liability attorneys have reported on numerous occasions about the dangers posed to children from every-day products – including batteries and magnets. While both of these pose swallowing hazards to children, some toys have been shown to contain lead which can lead to lead poisoning.

The U.S. Environmental Protection Agency reports that excess lead exposure affects the nervous system and can cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. The EPA reports that children six years old and younger are most at risk. Some of the adverse affects from lead exposure include: damage to the brain and nervous system; behavior and learning problems, such as hyperactivity; slowed growth; hearing problems; headaches; anemia; and in rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death. […]

PA Teen Drivers With Teen Passengers Are At a Higher Risk of an Automobile Accident

Our Pennsylvania truck accident attorneys have published a variety of articles stressing the importance of educating teen drivers about the dangers of distracted driving. Last week we presented information regarding Global Youth Traffic Safety Month that kicked off on May 8 to focus on keeping teens safe during the summer when the number of teen car accident fatalities rise.

While we are not “picking” on young drivers, we believe it is critical to pass on as much information to our readers as we can pertaining to teen driving hazards. Unfortunately, a distracted driving or impaired driving accident does not only physically ruin lives, it can also lead to legal and financial issues that can permanently alter a teen’s life.

According to an AP news article, a 16-year-old Connecticut teen is now facing charges, including negligent homicide with a motor vehicle and using a handheld telephone under age 18, […]

Parents Urged to Keep Button Batteries Out of Kids’ Reach

In March we published an article regarding the choking hazards posed to children that swallow “Buckyballs,” or small, round magnets from an adult stress-relieving desk toy. Now, health officials are targeting a new choking hazard for children – “button batteries.”

“Button batteries” are common, coin-sized batteries that are found throughout the house. These batteries are found in electronic games and toys, flashlights, calculators, remote controls, key fobs and even in electronic greeting cards. Unfortunately, children find the small, shiny objects appealing and are swallowing the batteries, holding them in their mouths, or inserting them in their ear canal or nasal cavity.

According to a study by the Center for Injury Research and Policy, an estimated 65,788 patients under 18-years-old have visited a hospital emergency room due to a battery-related exposure incident between 1990 and 2009. That equates to nearly 3,289 battery-related emergency room visits annually.

An article in Reuters Health reports that the batteries can become lodged in a child’s esophagus and push against its walls. […]

Young Drivers In Denial That Distracted Driving Affects Them

Just last week we reported on a study from the University of Leeds that found drivers with just one hand on the wheel that are engaged in a “secondary task” are at increased risk of an accident. Now, researchers at Bridgestone Americas report that while teenage drivers realize distracted driving is dangerous, they don’t see everything that takes one hand off the wheel as a distraction.

The survey, that underscores the findings by those at the University of Leeds, found that even though many teenagers and young adults claim they understand distracted driving, they are in denial that it affects them. In fact, one-third of those surveyed admit to reading text messages while driving, and nearly 25% surveyed do not believe that talking on the phone while driving is dangerous.

The company surveyed 2000 drivers aged 15- to 21-years-old. Among the findings, the researchers found that the young drivers measure their level of safety as a driver by the fact that they haven’t been in an accident or ticketed. […]

Children Left in Parked Cars at Risk for Heatstroke

In anticipation of another hot summer, the National Highway Traffic Safety Administration (NHTSA) has kicked off a campaign warning Americans of the dangers of leaving children unattended in a hot car. The NHTSA reminds adults that children left alone in a car, even in the most moderate temperatures, can be seriously injured or die from the heat in the vehicle.

To educate the public, the NHTSA announced its first-ever national campaign to prevent child heatstroke deaths in cars, urging parents and caregivers to think “Where’s baby? Look before you lock.”

The NHTSA reports that 33 children died due to hyperthermia (heatstroke) in 2011. Two children have died due to hyperthermia thus far this year. According to the Department of Geosciences at San Francisco State University, since 1998 there have been at least 529 vehicle-related hyperthermia deaths. More than half of the deaths occurred in children under 2 years of age, […]

PA Drivers: Keep Both Hands on the Wheel!

Studies on distracted driving seem to be dominating the news. The Centers for Disease Control and Prevention (CDC) reports that 15 people die, and 1,200 more are injured, nationwide every day due to an accident caused by a distracted driver. While cellphone use is the primary focus of distracted driving campaigns, a new study found that when a driver has just one hand on the steering wheel the risk of an accident increases.

In a study conducted using a driving simulator in Great Britain, researchers at the University of Leeds found that people who eat while driving have a reaction time that is 44 percent slower than those who have both hands on the wheel. The report, “Two Hands are Better Than One,” also found that drivers who sip coffee while behind the wheel are 22 percent slower in their reaction speed and were 18 per cent more likely be unable to maintain a steady central lane position. […]

Pennsylvania’s Bike Safety Law In Effect

March saw the enactment of Pennsylvania’s anti-texting law. Continuing the effort to improve safety for all Pennsylvania residents riding the state’s highways, Governor Tom Corbett enacted another safety law in April – the bike safety law. Noting that biking is great exercise and an efficient mode of transportation, state Rep. Ron Miller, R-York sponsored the law that went into effect April 2.

“We need to do all that we can to promote the activity and protect bike enthusiasts through legislation that makes it safer for them to enjoy their sport,” said Miller in an article in the Morning Call.

The bike safety law requires motorists to leave a 4-foot “cushion of safety” when passing a bicyclist. The motorist can cross the center line when passing the cyclist as long as it is safe. In addition, the new law calls for bicyclists “to use all reasonable efforts to avoid impeding the normal flow of traffic.” […]

PennDOT Launches “Just Drive PA” Safety Campaign

At the start of this month we presented our readers with information about National Distracted Driving Awareness Month. Designated as such by the U.S. Department of Transportation, all drivers are asked to eliminate any distractions while driving, especially cell phones, and to stay focused.

Now, as part of the National Distracted Driving Awareness campaign, the Pennsylvania Department of Transportation (PennDOT) has announced a statewide initiative aimed at improving safety on Pennsylvania roadways. “Just Drive PA” is aimed at encouraging “motorists to ‘Just Drive’ and concentrate only on the task at hand.”

Citing estimates that 58 people lost their lives in the nearly 14,200 Pennsylvania automobile accidents attributed to a distracted driver in 2011, PennDOT launched the new initiative. The campaign is designed to educate the public about the state’s new anti-texting law and about the results of distracted driving, as well as to bring attention to motorcycle safety, […]

Pennsylvania Safe Driving Tips

As part of the State’s public safety education campaign, the Pennsylvania State Police “strive to ensure you are provided with information and services that will help you Be Smart, Be Aware and Be Safe at home, at work and in your communities.”

To be safe on the highway, the state police offer the following safe driving reminders:

Steer Clear Law. The ‘Steer Clear’ law requires drivers to move over or slow down when they encounter an emergency scene, traffic stop or disabled vehicle. This law will help prevent injuries to rescue personnel and disabled motorists. Drivers are asked to follow the law and use common sense.
Clearing off your vehicle. Although the winter weather is behind us, this reminder is pertinent year round and reminds drivers to clear their vehicle of any hazards. This includes snow and ice in the winter, […]

PSP Release Car Accident Report From Easter Weekend

Pennsylvania State Police report there were 470 Pennsylvania automobile accidents during the long Easter weekend from Friday, April 6, through Sunday, April 8. Three people died and 196 were injured in the accidents.

Commissioner Frank Noonan reported the statistics Monday afternoon. He further reported that one of the persons that died in a car accident was not wearing a seat belt. In addition, 56 of the 470 crashes were alcohol-related with two of the fatalities being alcohol related.

The police were also out trying to limit accidents through enforcement events. According to the troop breakdown report, troopers charged 292 people with DUI, issued 4,723 speeding tickets, gave 529 seatbelt warnings and issued another 5,906 citations during the weekend.

In comparison to the 2011 Easter period, two people died and 196 were injured in 527 crashes investigated.

Our Pennsylvania car accident attorneys encourage all drivers to practice good defensive driving behaviors when taking to our highways. […]

Robotic Drug Dispenser Found to Harbor Harmful Bacteria

Our Pennsylvania medical malpractice lawyers issued a warning about widespread hospital infections from dirty surgical devices earlier this month. Now, a new report brings to light yet another medical safety issue – robotic drug dispensers that contain harmful bacteria.

A study that appeared in the journal Infection Control and Hospital Epidemiology reports medical staff at Wake Forest Baptist Medical Center in Winston Salem, NC discovered Bacillus cereus bacteria during a quality assurance test of drug samples dispensed by a robot. Specifically, the robot was being used to prepare intravenous medications in a sterile environment.

The U.S. Food and Drug Administration reports Bacillus cereus is most often associated with food poisoning. Symptoms caused by the bacteria include watery diarrhea, abdominal cramps, and pain which occurs 6-15 hours after contamination. Nausea may accompany diarrhea, but vomiting rarely occurs. Symptoms persist for 24 hours in most instances. […]

PA Drivers to Observe Distracted Driving Awareness Month

Pennsylvania just enacted its anti-texting law in March. Now, Pennsylvania drivers will get additional incentive to adhere to the law – April has been designated National Distracted Driving Awareness Month.

“The traffic safety community has a simple message for drivers: One Text or Call could Wreck it All,” said U.S. Secretary of Transportation Ray LaHood in his blog announcing National Distracted Driving Awareness Month.

According to the National Safety Council (NSC), almost 25 percent of car crashes involve cell phone use. In addition, approximately 1.3 million auto accidents each year can be attributed to cell phone usage while driving. The NSC also points out that distractions now join alcohol and speeding as leading factors in all automobile accidents. In a press release announcing the distracted driving campaign, the NSC asks all drivers to pledge: “I will not use my cell phone while driving in any way.”

Researchers at the Massachusetts Institute of Technology (MIT) found that while cell phones are the primary cause of distracted driving, […]

PA Woman Campaigns Against Texting While Driving

Even though Pennsylvania just enacted its anti-texting law, Jacy Good won’t stop spreading the word that texting and driving is a deadly combination. The Pennsylvania woman knows firsthand the devastation a distracted driver can cause. She is using her personal tragedy to urge Americans to put down their phones when driving.

Jacy and her parents were driving home after Jacy’s graduation ceremony at Muhlenberg College in Allentown, PA in May 2008, when an 18-year-old driver who was talking on his cellphone ran a red light, according to an article in the Reading Eagle. A tractor trailer had to swerve to avoid the teen, but then slammed head-on into Good’s car. Jacy’s parents both died instantly. Jacy ended up in the hospital with just a 10 percent chance of surviving. Jacy did survive, and she wants to make sure no one else suffers the way she has. […]

Pennsylvania Graduated License Program Aimed at Saving Teen Lives

The National Highway Traffic Safety Administration (NHTSA) reports automobile accidents are the number one cause of death for teens. Last month we urged teenagers in Pennsylvania to focus on driving carefully and following the laws when taking to the local highways to help prevent other teens from becoming a statistic. Last Thursday, the USA Today, also hoping to get the message out that teen drivers are at risk on America’s highways, published a special report entitled “Making Teen Driving Safer.”

Although the USA Today points out that nationwide deaths for 16- and 17-year-old drivers declined between 2007 and 2010, the special report hones in on the fact that every day, an average of 11 teenagers die in car crashes in the United States. The teen driving section is, in part, sponsored by Allstate Insurance that is sponsoring the “Save11” campaign to encourage Congress to pass the STANDUP Act. […]

SOUND Devices Act Closes Product Liability Loophole

Scranton, PA, February 23, 2012 – Pennsylvania product liability lawyer Caroline Munley today called for passage of a bill that would enable the U.S. Food and Drug Administration to reject medical devices that are modeled after devices already known to be flawed.

“The SOUND Devices Act closes a loophole that allows medical device manufacturers to basically skirt the FDA approval process,” said Munley, a partner in the regional law firm of Munley, Munley & Cartwright, whose Pennsylvania product liability attorneys represent consumers and patients who are harmed by defective products, including flawed medical devices.

“A process that avoids scrutiny is wrong and should be unnecessary,” Munley said. “Every new medical device submitted for approval for the American marketplace should be able to stand on its own merits.”

The Safety Of Untested and New Devices Act of 2012 (SOUND Devices Act) eliminates a loophole in the Food and Drug Administration’s device-approval process known as section 510(k), […]

Pennsylvania Drivers Urged to Slow Down

Many of our articles have focused on the dangers of distracted driving and drunk driving. However, with key safety campaigns aimed at raising awareness of the hazards of these two dangerous behaviors, drivers are beginning to put down their cell phones and drive only when sober. Now, according to a new study, speed-related crashes are on the rise.

The Governors Highway Safety Association (GHSA) reports that 31 percent of all traffic-related deaths in the United States in 2010 were caused by a speeding driver. Further, speeding is the “one highway safety area where progress has not been made in almost three decades.

According to the 2010 Pennsylvania Crash Facts and Statistics, 1,324 people died in auto accidents during the year. Of those, 459 were alcohol-related and 404 were speed-related. Just as the GSHA reports of the nationwide data, accidents caused by speeding drivers in PA accounted for 31 percent of the fatal accidents in the state. […]

NHTSA Delays Ruling on Making Back-Up Cameras Mandatory

At the end of 2010 the National Highway Traffic Safety Administration (NHTSA) announced it was considering a proposal to require all passenger vehicles to install back-up cameras to limit back-over accidents. Last week, however, the NHTSA announced it has postponed ruling on the mandatory requirements saying it needs to conduct “further study and data analysis.”

The Cameron Gulbransen Kids Transportation Safety Act was named for a child who was killed by his father as he was backing out of his driveway not realizing the two-year-old boy was playing behind the vehicle. The ruling would be especially beneficial in protecting the lives of children, the elderly, and hearing and sight impaired pedestrians.

At the time the change was recommended, Transportation Secretary Ray LaHood said: “There is no more tragic accident than for a parent or caregiver to back out of a garage or driveway and kill or injure an undetected child playing behind the vehicle. […]