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 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. […]

Pennsylvania Teen Drivers Urged to Stay Alert

The start of 2012 has seen far too many teens lose their lives in car accidents. Just last week a local Pennsylvania teen died when his car skidded on ice and he crashed into a building, dying at the scene. Earlier this month, three teenagers traveling together went the wrong way on a MD road resulting in a crash that killed all three. And in Virginia at the end of January, one teen died and three others were seriously injured when the teen driver crossed the center line striking another vehicle.

According to the National Highway Traffic Safety Administration (NHTSA), car accidents are the number one killer of teenagers in the United States, claiming nearly 5,600 teenage lives each year. While the above accidents are all unique, the cause of each of the accidents may not have been that different. The NHTSA has identified four primary causes for serious teen injury accidents: inexperience and immaturity combined with speed, […]

Munley Supports Ban on Cell Phones While Driving

Munley Law Personal Injury Attorneys Partner Caroline Munley 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. […]

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. […]

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. […]

Florida Families Settle Wrongful Death Lawsuit in Traffic Accident

The families of two teenagers who died in an accident in Stuart, FL in August 2009 have settled in a wrongful death lawsuit with a construction company that owned the front-end loader the teens’ vehicle struck. The amount Sheltra & Son Construction Co will pay was not released in the confidential settlement.

Three teenagers were riding in a Jeep Cherokee traveling on Southeast Cove Road around 2 a.m. when they came upon a road-widening project. A front-end loader was halfway into the eastbound lane of the road without any flagmen or signs to warn drivers to slow for the vehicle.

The Jeep slammed into the equipment killing all three teens. The Florida Highway Patrol found the 18-year-old driver had a blood-alcohol level of 0.251, more than three times the legal limit, at the time of the accident. The other teens were also impaired, according to the police. […]

Car Accident Round-Up – Fatal Accidents Throughout East Coast

Car accidents include death of Ithaca College student

PA Accident Takes Life of College Student
The Scranton Times Tribune reports a 20-year-old driver died in a fiery wreck on I-81 Saturday. The accident occurred near mile-marker 211 in Susquehanna County, PA around 2:30 a.m. as the young man passed through the state on his way to Ithaca College. The car went off the right side of the highway then hit a rock embankment before coming to rest on the highway’s shoulder on the driver’s side of the car. The vehicle became engulfed in flames. The driver was pronounced dead at the scene.

NC Legislator Involved in Fatal Car Accident
One man is dead and a North Carolina state legislator is in critical condition after their two cars collided late Friday night in Winston-Salem, NC. Police report that the 70-year-old NC representative, […]

New Jersey Town to Pay $10 Million to Family of Boy Who Drowned in Town Pool

The Village of Ridgewood, New Jersey has been ordered to pay $10 million to the family of a boy who drowned in the town-owned Graydon Pool in July 2008. A Hackensack Superior Court jury found the pool was negligently supervised at the time of the 13-year-old boy’s death.

During the incident, there were more than nine lifeguards at the pool and none of them saw the child struggling to stay afloat. One of the boy’s friends tried to save him, but his efforts were unsuccessful. He alerted the boy’s mother who then alerted the pool manager and lifeguards.

The lawsuit alleged the manager had the lifeguards search the nearby area for the boy, as opposed to looking in the water. It took 40 minutes for the lifeguards to find the boy in the pool, at which time he had already died.

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, […]

New York Man Awarded $1.5 Million After Debilitating Auto Accident

A man who suffered “a permanent, significant physical limitation” as the result of a serious automobile accident on Route 104 in Ontario, New York, has been awarded over $1.5 million by a Monroe County Supreme Court jury.

The man was stopped at a stop light in 2009 when he was hit from behind by another vehicle. He was diagnosed with acute lumbar spine injuries. The defendant’s insurance company, State Farm Mutual Automobile Insurance Co., offered to settle the case for $5,000 and refused mediation or arbitration to settle the case, forcing the case into trial.

InsuranceNewsNet.com reports the man was awarded $1.25 million in past, present and future pain and suffering and loss of enjoyment of life, along with $321,250 in past and future medical expenses.

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, […]

LA County Hospital Likely to Pay $2.8 Million in Medical Malpractice Lawsuit

Los Angeles County officials will likely agree to a $2.8 million settlement in a lawsuit brought by a woman whose child suffered birth injuries at the County Harbor-UCLA Medical Center in March 2008.

In a lawsuit filed by the then 18-year-old, the woman claims the medical staff failed to perform an emergency cesarean section when she was showing signs of distress during labor. Her son was later diagnosed with neurological injuries from fetal distress, according to an article in the Contra Costa Times.

The hospital will also waive the nearly $20,000 hospital bill and will cover the $16,000 lien placed against the woman’s home. In addition, the hospital was required to implement safety measures to prevent future incidents similar to this one.
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, […]

Car Accident Round-Up – Car Plunges into Lake Killing Three

Three pronounced dead after divers pull them out of submerged car

Three Men Drown in Florida When Car Plunges into Lake
Local10.com reports three men drowned after their car ran off the road and plunged into a Pompano Beach, FL lake. The early Saturday morning car accident occurred when the car was traveling south on Andrews Avenue off Sample Road. Apparently, the car ran off the road, hit a guard rail then veered into the lake. Rescue divers pulled the men from the water, and they were then rushed to the hospital where all three were pronounced dead. Police are continuing to investigate, and autopsies will be performed on all the men.

Fatal Dayton, Ohio Accident Kills Two
Two young adults lost their lives in a violent crash early Saturday morning when a car smashed into their Ford Neon while they were stopped at a light in Dayton, […]

Car Accident Round-Up – Teenagers Die in Early Morning FL Accident

Car spins out of control, strikes light post and splits in two killing two teenagers in fatal accident

Two Teens Dead, One Critical After Miami Accident
The Miami-Herald reports a 2:30 a.m. Saturday accident in Miami, FL left two teenagers dead and another critically injured when the car in which they were traveling struck a light post on the highway causing the vehicle to split in half. The accident, on the Dolphin Expressway near Northwest 17th Avenue, occurred when the car swerved and crossed the inside lane and shoulder, spun and struck the concrete wall and a light post. The two pieces of the car blocked both the westbound and eastbound lanes of the highway. The 17-year-old driver and an 18-year-old passenger were pronounced dead at the scene. The second passenger, 18-years-old, was found seat belted into the rear section of the car. She was taken to Ryder Trauma Center. […]

Florida Supreme Court Upholds $10.3 Million Medical Malpractice Award

The widow of a man who suffered a heart attack and died when his Palms West Hospital doctor failed to give him the anti-clotting drug Retavase will receive the $10.3 million previously awarded, according to a ruling by the Florida Supreme Court this week. The award amount was being disputed due to the $1 million medical malpractice cap put in place in Florida months after the man’s death.

The court referred to a decision rendered in July when it determined the award cap could not be applied retroactively. The man died in 2003, however, the lawsuit was not filed until 2005. The defense argued the time of lawsuit should be used and thus, the cap limits should apply.

The award amount had also been upheld by the Fourth District Court of Appeal in 2009 saying, “It is therefore well settled that retrospective laws are generally unjust.” […]

Missouri Family Awarded $7 Million in Fatal Tractor-Trailer Accident

The family of a tractor-trailer driver who died in a 2008 Arkansas truck accident has been awarded $7 million by a federal jury. The fatal crash between two tractor-trailers occurred when a truck owned by Dunaway Timber Co. crossed the center line hitting the other truck head-on.

The lawsuit alleged that Dunaway’s driver was fatigued after driving longer than the U.S. Department of Transportation rules allowed. The driver also was inexperienced and had a “horrible driving record,” according to the lawsuit. Both the driver and Dunaway Timber were found liable.

Maverick Transportation, which employed the deceased driver, sued Dunaway because of damage to their truck. They were awarded $93,000.
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, […]

Car Accident Round-Up – Three Dead, Four Injured in VA Head-On Collision

Jeep Cherokee crosses center line, causes head-on car accident

VA Accident Kills Three, Injures Four
According to the Roanoke Times, a Jeep Cherokee carrying four people crashed head-on into a Plymouth van carrying three people Saturday afternoon in Bedford, VA leaving three people dead and four injured. The Jeep was heading eastbound on Virginia 24 when it crossed the center line striking the westbound van. The driver and front passenger of the Jeep died; the other two passengers were air lifted to a nearby hospital. The front passenger of the van died; the driver and another passenger were taken to a local hospital.

Fatal Accident in FL on I-95
First Coast News reports an early morning accident on Wednesday closed down northbound lanes on I-95 near US 1 and SR 206 in St. Johns County, Florida. Although details are unclear, apparently a pickup truck flipped several times after crashing into another vehicle. […]

Pennsylvania Hospital to Pay $2.2 Million in Birth Injury Lawsuit

UPMC Hamot and several of its doctors have settled a lawsuit filed in 2008 against a woman alleging a “botched” delivery resulted in cerebral palsy and other medical problems for her child. The childbirth was in 1998.

The woman went to the hospital in February 1998, after going into labor two months prematurely. The lawsuit claims the medical staff failed to respond appropriately to indications that the fetus was in distress. Neither the hospital nor the doctors admitted any wrongdoing.

The child will not be able to live independently and suffers from cognitive impairment, seizures and motor and language delay.

According to The Erie Times-News, the tax-free $2.2 million will be placed in a special-needs trust and paid out over time to cover the costs of the child’s medical care over her lifetime.

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, […]

Car Accident Round-Up – One Dead, Five Injured in Multi-Vehicle Crash in FL

Out-of-control vehicle spins into oncoming lane colliding with two other vehicles in fatal accident

FL Accident Kills One, Leaves Five Critically Injured
A multi-vehicle crash over the weekend in Frostproof, Florida left one person dead and five others critically injured. The Miami Herald reports that a vehicle on U.S. 27 northbound ran off the roadway, overcorrected and spun around sending it into the southbound lanes where it collided with two other vehicles. The driver of the out-of-control vehicle died; her two passengers were taken to the hospital with life-threatening injuries. Three occupants of the other vehicles were listed in critical condition. Police were continuing to investigate the accident.

Heart Attack Kills Driver of Rock Band Bus in Iowa
According to the Ames Tribune, the driver of the charter bus for the rock band Widespread Panic apparently suffered a heart attack while driving the bus on Interstate 35 last week south of Ames, […]