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

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 $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, […]