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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Munley Supports Ban on Cell Phones While Driving
Pennsylvania car accident attorney Caroline Munley today applauded a federal agency’s recommendation for the prohibition of cell phone use by drivers of all personal and commercial vehicles.
The National Transportation Safety Board (NTSB) recommended to the National Highway Traffic Safety Administration in December that all drivers be prohibited from using cell phones and other electronic devices behind the wheel.
The proposal grew from the NTSB’s investigation of a multi-vehicle collision in Missouri in 2010 that was caused by a pickup truck driver who was distracted by a text-messaging conversation. The wreck killed two and injured 38.
“We support the NTSB’s recommendation for a complete ban on cell phone use by drivers of all motor vehicles,” said Munley of the Pennsylvania personal injury firm of Munley, Munley & Cartwright, P.C., which represents victims of car crashes and truck accidents throughout the Northeast. […]
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Ohio Oral Surgeon Faces Second Lawsuit
The Chronicle-Telegram reports a retired Lorain, Ohio oral surgeon is being sued for an undisclosed amount by a patient who claims she “was injured and was caused to suffer seizures, neurological damage and other severe and debilitating injuries, some of which were permanent in nature,” during treatment in Dec. 2010.
According to the article, a motion attached to the lawsuit seeks a 90-day enlargement of time to file an affidavit of merit, stating “there is strong reason to believe a cause of action exists” against the surgeon and unnamed nurses, dental assistants and/or health care professionals that the suit lists as defendants.
The physician had previously been sued when a 13-year-old patient died after receiving sedation prior to oral surgery in December 2010. The doctor’s insurance company paid $1 million to the family of the deceased girl, and the 81-year-old physician stopped giving intravenous sedation and agreed to retire in September. […]
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Car Accident Round-Up – PA Teen Dies After Being Struck by Car on Way to Bus
13-year-old killed, 17-year-old injured in car accident while trying to catch the school bus
PA Girl Dies After Being Struck by Car
The Erie Times-News reports a 13-year-old girl died and a 17-year-old was injured Tuesday morning after being struck by a car as they crossed Perry Highway to catch a school bus. The 19-year-old driver of a Chevrolet Cavalier traveling north on Perry Highway failed to stop for the school bus that was stopped in the southbound lane with its lights flashing and hit the two students. The 13-year-old was pronounced dead at the scene. The condition of the other teen was not released. The police are continuing to investigate the accident.
Four Injured in Florida Accident
Four people were seriously injured in a two-car crash in St. Augustine, FL Monday night. The accident, on Florida 16 at Whisper Ridge Drive in St. […]
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California Family Settles Civil Suit in Vehicular Manslaughter Case
Family receives undisclosed amount of money in vehicular manslaughter case settlement
The Modesto Bee reports the family of a California man who died when he was maliciously struck by a car has been awarded an undisclosed amount of money in a civil lawsuit. The man’s family sought compensation for wrongful death, loss of financial support, and payment for his funeral expenses.
The lawsuit was brought after the criminal case concluded June 14, 2010, with a jury conviction for felony hit-and-run and misdemeanor vehicular manslaughter in the 2008 attack. The deceased was found near his north Modesto house after he was hit by a car “with enough force to throw him onto the hood of his car, then off the roof,” according to testimony in the criminal case. Apparently, the attack was over loud music.
The defense attorney argued that the man acted in self-defense from a drunk and angry man who approached the other man’s vehicle and began climbing up the hood. […]
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Georgia Daycare Owners to Pay $9.85 Million After Drowning Accident
The parents of a two-year-old boy who died after drowning at a daycare facility in Buford, GA in March 2009 have been awarded $9.85 million by a Gwinnett County jury. The daycare facility was not properly licensed.
According to a WBTV.com story after the incident, the woman watching the children left the room to use the bathroom. The child was left unattended and wandered off, falling into the above-ground swimming pool. There were four children, ranging from 2 to 9 years old, at the facility at the time of the incident.
The couple that ran the facility had their five children placed in protective custody at the time of the accident. The couple was jailed at the time.
About Munley Law Personal Injury Attorneys
Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, […]
