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

Widow Awarded $6.7 Million in Medical Malpractice Case

The widow of a man who died in 2005 after an ATV accident was awarded $6.7 million by a Maine jury in a medical malpractice case against Eastern Maine Medical Center in Bangor. The man was flown to the center after the accident, and according to the lawsuit, the doctors failed to follow up on tests indicating internal bleeding, that ultimately led to the man’s death.

The man arrived at the hospital suffering from several broken ribs, among other injuries, and CT scans ordered by the emergency department physician indicated there was also internal bleeding. The doctors caring for the man failed to follow up on the internal bleeding by not issuing an order for X-rays to monitor the bleeding, according to the suit. Three days later, the internal bleeding caused one of the man’s lungs to collapse, and the lack of oxygen precipitated a massive fatal heart attack. […]

$2.5 Million Awarded for Failure to Diagnose Colon Cancer

A Virgo County, Indiana jury has awarded $2.5 million to a now 42-year-old former police officer whose doctor failed to diagnose his colon cancer in 2004. The Tribune Star reports the lawsuit was filed against Dr. John Morse of AP&S Clinic in Terre Haute, Indiana in January 2009.

At 35 years old, the man went to the doctor with rectal bleeding and complaints of other gastric discomforts. Neither a sigmoidoscopy nor colonoscopy was done to rule out colon cancer. An upper G.I. test was done because of other problems the patient reported. After moving to another state and consulting a different doctor in 2006, he was diagnosed with Stage 4 incurable colon cancer. He has been given less than a year to live.

Under Indiana’s statutory limit, the award will be reduced to $1.25 million.

Our experienced lawyers know that medical errors are responsible for between 44,000 and 98,000 wrongful deaths every year in American hospitals. […]

Family Awarded $19.2 Million in Medical Malpractice Case

A three-and-a-half-year-old girl is blind and has cerebral palsy after she was given 100 times the dose of nutrients 15 days after she was born in 2007, claimed the lawsuit filed in Lee County by her parents. The family has been awarded $19.2 million in the medical malpractice case that could be the first of its kind for Lee County, reports station 2RSWFlorida.

The little girl was born prematurely at HealthPark Medical Center. The lawsuit was brought against Lee Memorial Health Systems because the overdose led to cardiac arrest and severe complications. She will be in diapers and will have to be carried and fed the rest of her life.

Liability caps could limit the award to $200,000, but the hospital has never paid a claims bill through the court and the family is hoping this will be the first.

Our attorneys at Munley, […]

Cartwright Receives Boy Scout’s Silver Beaver Award

Silver Beaver award presented to volunteer of exemplary service to youth

The lawyers of Munley, Munley & Cartwright take pride in serving the community both as skilled legal advocates and as dedicated community volunteers.

In recognition of distinguished volunteer service, attorney Matthew Cartwright, a partner in Munley, Munley & Cartwright, has received the prestigious Silver Beaver Award. The award is the highest honor given by the National Council of Boy Scouts to a volunteer for exceptional and noteworthy service to youth.

The Northeastern Pennsylvania Council of the Boy Scouts of America presented the award to Cartwright and two other volunteers at its council recognition dinner in November.

Matt has served for a number of years on the Executive Board of the Northeastern Pennsylvania Council of the Boy Scouts of America. He currently volunteers on the Council Advisory Board.

As a personal injury lawyer and partner at Munley, […]

New Hampshire Woman Sues Hospital & Doctors for $5 Million

A woman formerly from New Hampshire is suing two doctors and St. Joseph’s Hospital in Nashua for $5 million alleging they failed to diagnose and treat her bacterial meningitis which left her permanently disabled, reports The Telegraph.

On January 10, 2008, the woman went to the emergency room after suffering for three days with vomiting, headache and fever. She was treated for an ear infection and sent home. With worsening symptoms, she returned to the hospital two days later. The second time she also had hearing loss, altered mental state, and difficulties walking. Her lawsuit states even though a CT scan and other tests suggested something serious was wrong, the doctor diagnosed her with stress and a sinus infection and sent her home.

She returned to the hospital two more times before she was given a spinal tap which showed she was suffering from two life-threatening conditions. […]