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

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. […]

CPSC Reports “Button Battery” Injuries Increasing

Earlier this year we presented information regarding the dangers of children swallowing “button batteries.” Now, according to a new report from the U.S. Consumer Product Safety Commission (CPSC), the number of children injured by batteries is growing. Since 1998 the number of children treated for ingesting the batteries has increased 2.5-fold, from 1,900 in 1998 to 4,800 in 2010. Thirteen children died from ingesting batteries from 2002 to 2010, compared to one in 1998.

The CPSC analyzed data from the National Electronic Injury Surveillance System. The researchers found an estimated 40,400 children younger than 13-years-old were treated in hospital emergency departments for battery-related injuries, including confirmed or possible battery ingestions, between 1997 and 2010. Nearly three quarters of the injuries involved children less than 4-years-old.

The CPSC urges the electronics industry and battery manufacturers to develop warnings and industry standards to prevent serious injuries and deaths from button batteries. […]

Pennsylvania Anti-Texting Law Difficult to Enforce

Earlier this week we reported on AT&T’s push to stop drivers from texting when behind the wheel. Statistics show texting drivers are 23 times more likely to be in an accident. Even though 39 states, including Pennsylvania, have an anti-texting law, still more than 100,000 crashes a year involve drivers who are texting. Unfortunately, according to the Scranton chief of police, enforcing Pennsylvania’s law is challenging.

In March, Pennsylvania’s anti-texting law went into effect making texting-while-driving a primary offense. PA law enforcement can stop and ticket a driver for texting and driving now, without any other violation.

However, an article in the Times-Tribune reports that according to Carl Graziano, acting police chief of the Scranton Police Department, since talking on the cellphone or searching for contacts in the phone are still legal, “It’s difficult for an officer to discern whether they’re [drivers] texting or looking up numbers on their phone.” […]