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
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, […]
More information about Medical Malpractice
Asbestos Exposure Lawsuit Leads to $10 Million Settlement from U.S. Engineering Company
Asbestos exposure in Missouri courthouse leads to lawsuits
The family of a Missouri woman who died from mesothelioma, a cancer caused by exposure to asbestos, has been awarded $10 million in a settlement with U.S. Engineering Company for mishandling asbestos in the Jackson County Courthouse in Kansas City, Missouri.
The lawsuit claimed U.S. Engineering did not follow the proper rules and procedures when handling asbestos, and that now, significant amounts of asbestos still remain in the courthouse. The lawyers for the plaintiff claimed there has been “significant accumulations of asbestos dust in and around the heating and air conditioning systems at the Courthouse for a number of years.”
The woman worked for 27 years in the Jackson County Courthouse.
In addition, a class action lawsuit has been filed for anyone that worked in the courthouse on a daily basis who may have been exposed to asbestos dust from 1983 to the present. […]
Read MoreMore information about Medical Malpractice
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. […]
More information about Medical Malpractice
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.” […]
Read MoreMore information about Medical Malpractice
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, […]
Read More
