Standard of Care

What is a Standard of Care?

The Standard of Care in a given setting is the level of care that the average person would apply in that setting. Care encompasses the level of diligence and skill that the average person would be able to apply to a given scenario. According to Cornell Law School’s Legal Information Institute, standard of care is an “essential concept” in cases of negligence.

The standard care of an average person revolves around what is known as the reasonable person standard. The average person may have specified knowledge in a certain field that is greater than average. However, the reasonable person standard holds individuals to acting how the average person would given that they have similar knowledge. For example, the average person may not have the medical knowledge of a doctor. But doctors are held to acting in a way that the reasonable person would act if they did have such knowledge. This is important in medical malpractice cases, where appropriate standard of care must be specified before it can be proven if that standard was breached or not.

There are certain circumstances that apply different standards of care. Adults, for example, are held to higher standards of care than children. Any profession is held to a specific standard of care. A doctor that consistently provides incorrect diagnoses may be able to be found liable for damages incurred from those misdiagnoses, simply because the average, reasonable doctor would not do that.

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Philadelphia Taxi Accident Lawyer

Getting into an accident in a cab can be a traumatic experience, as you have no control over the vehicle or the driver, and you could sustain serious injuries, which is why you need a good Philadelphia taxi accident lawyer on your side.

At Munley Law, our taxicab accident lawyers have been helping taxi accident victims for almost 70 years. We’re passionate about ensuring our clients get the compensation they need to recover and move on with their lives, and as a result, we’ve secured many multi-million-dollar verdicts and settlements. Results like that make it easy to see why our firm and our lawyers are routinely honored by legal institutions and thought leaders in Pennsylvania, the US, and further afield.

All our lawyers are members of the Pennsylvania Bar Association and the American Association for Justice, and four of our attorneys are board-certified by the National Board of Trial Advocacy. […]

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Philadelphia Construction Accident Lawyer

With construction being one of the top 10 most dangerous jobs in the US, sustaining a potentially life-changing injury is a reality – and if this happens, you need Munley Law’s Philadelphia construction accident lawyer on your side. With almost 70 years of experience, our firm knows how to protect the rights of injured construction workers and to fight to ensure they’re fairly compensated for their losses.

Our lawyers have recovered more than $1 billion in damages thanks to our dedication to justice, thorough investigations, and strong cases. Recognizing our skills at the negotiating table and in the courtroom, numerous legal organizations and publications, such as Best Law Firms, Best Lawyers, Super Lawyers, Irish Legal 100, Martindale-Hubbell, and Lawdragon, have honored us with prestigious accolades and awards. In addition, we’ve received many five-star Google Reviews from satisfied clients.

If you or a loved one has been injured on a construction site, […]

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Easton Medical Malpractice Lawyer

 

If you have been injured or have suffered ongoing health issues or disability due to medical malpractice, an experienced Easton medical malpractice lawyer at Munley Law can help you seek fair compensation.

With nearly seven decades of experience, our firm and lawyers have won millions for clients affected by medical malpractice, including settlements worth $5 million, $3.5 million, and $3.2 million. Our attorneys are recognized by some of the legal industry’s leading publications, including the Summit Council, the National Board of Trial Advocacy, the Litigation Counsel of America, and the American Association for Justice. Marion Munley has been named Best Lawyers’ Lawyer of the Year for Medical Malpractice Law and Personal Injury Litigation, and Caroline Munley is also named to the National Trial Lawyers Association’s Top 25 Medical Malpractice Trial Lawyers in Pennsylvania list, underscoring our expertise in handling these complex cases.

Contact Munley Law today for specialized assistance with your case. […]

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Bethlehem Erb’s Palsy Lawyer

If your child was diagnosed with Erb’s palsy as a result of medical negligence, the Bethlehem Erb’s palsy lawyers of Munley Law are here for you. We will build the strongest case proving your healthcare provider failed to deliver the accepted standard of care, negotiate with insurance companies, and fight for justice on your behalf, just as we’ve done for other victims for nearly 70 years.

Two of our personal injury attorneys are recognized as being among the best medical malpractice lawyers in Pennsylvania, while all our attorneys have been named to the Top 100 Trial Lawyers in Pennsylvania list by the National Trial Lawyers. Martindale-Hubbell has awarded all our partners its highest AV Preeminent rating for their proven expertise. We’ve also received accolades from Irish Legal 100, Lawdragon, Lawyers of Distinction, and the American Association for Justice. Our client victories also bear witness to our lawyers’ accomplishments. […]

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Harrisburg Medical Malpractice Lawyer

Medical malpractice claims can be particularly complex in Harrisburg, where the local law, health systems, and community intricacies are unique. If you’re facing such a situation, having a Harrisburg medical malpractice lawyer on your side is more than just advantageous; it’s essential.

That’s where Munley Law comes in. Widely regarded as Harrisburg’s best medical malpractice law firm, Munley Law combines local knowledge with extensive experience in medical neglect cases. Their exceptional track record in securing just compensation for victims of medical malpractice is a testament to their commitment, expertise, and passion.

For a no-obligation, free consultation, contact the Harrisburg medical malpractice attorneys of Munley Law.

Common Types of Medical Malpractice in Harrisburg

Harrisburg Medical Malpractice LawyerMedical malpractice is not a singular, narrowly defined issue. It can occur in numerous forms, each carrying its unique complexities and challenges. In Harrisburg, medical malpractice attorneys frequently encounter a wide range of cases, […]

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Upper Darby Medical Malpractice Lawyer

The Upper Darby medical malpractice lawyers at Munley Law understand the devastating impact that medical negligence can have on patients and their families. When healthcare providers treat patients with substandard care, the consequences can be life-altering. Our team has helped numerous Pennsylvania residents navigate complex medical malpractice cases, securing the compensation they need for additional medical care, lost wages, and long-term support.

Our board-certified trial lawyers represent Upper Darby residents in cases involving surgical errors, misdiagnosis, medication mistakes, birth injuries, and other serious circumstances. We work directly with medical experts to build strong cases that demonstrate how healthcare providers deviated from proper medical standards.

Unlike general practice law firms, we focus specifically on personal injury and medical malpractice, giving us deep insight into Pennsylvania’s medical malpractice laws and procedures.

Contact our medical negligence attorneys in Upper Darby today to schedule a free consultation. […]

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Norristown Medical Malpractice Lawyer

Medical mistakes in Norristown healthcare facilities can lead to severe injuries, mounting medical expenses, and lost wages. When medical negligence upends your life, the Norristown medical malpractice lawyers at Munley Law fight to protect your rights and secure the compensation you deserve. Our experienced attorneys have represented Montgomery County clients Norristown Medical Malpractice Lawyer, doctor holds head in hands after mistake in Norristownagainst major healthcare providers throughout Pennsylvania for 65 years.

Medical malpractice victims often feel powerless against large healthcare institutions and their insurance companies. Munley Law levels the playing field. Our legal team handles the legal process, from gathering medical records to consulting with specialists, while you focus on recovery.

We work with leading medical experts to investigate your case and prove negligence. Our board-certified trial attorneys have secured millions in verdicts and settlements for victims of medical malpractice in Montgomery County.

If medical negligence has harmed you or a loved one, […]

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Can a Hospital Refuse to Treat a Patient?

A hospital doesn’t always have to provide treatment to patients seeking it. As this guide will address, there are circumstances when it’s legal for a hospital to deny treatment.

However, there are also situations, typically emergencies, when the law prohibits hospitals from refusing to treat patients. If you believe you’ve been denied treatment unfairly, speak with a medical malpractice attorney to learn more about your rights. At Munley Law, our medical malpractice attorneys are committed to fighting for the compensation you deserve. Get in touch today to schedule your free consultation.Can a Hospital Refuse to Treat a Patient?

Emergency Medical Treatment Laws

The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal statute that establishes patients’ rights and the hospital’s requirements in emergencies. The law specifically establishes the following:

  • An emergency medical department must provide a proper medical screening to anyone who visits the department requesting evaluation or care. […]

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How Long Does a Medical Malpractice Lawsuit Take in Pennsylvania?

How long does a medical malpractice claim take in Pennsylvania? It can take anywhere between 1-5 years to resolve, depending on the complexity of the case. After suffering serious injuries, this timeline can seem like an eternity. However, an experienced attorney at Munley Law will make you and your family their top priority.

At Munley, we equip our clients with as much information about their claim as possible. After all, knowledge equals power. We are going to do a deep dive into the details of a claim, which will help explain the process you’re going through.

If you have more questions and want to speak with an experienced medical malpractice lawyer who can guide you through your claim, call the Munley law firm. Our attorneys have been successfully litigating medical malpractice claims since 1959. We deeply understand the trauma and stress you and your family are facing. […]

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Lancaster Medical Malpractice Lawyer

When you seek treatment from a healthcare provider in Lancaster, PA, you assume they will help you heal from injury and illness. You likely don’t imagine that a doctor will cause harm or that they will allow harm to befall you.
Lancaster medical malpractice attorneyUnfortunately, healthcare providers can be negligent. If you or a loved one have struggled with injuries, illness, medical bills, and other such consequences because a medical professional was negligent, you may seek compensation by filing a medical malpractice claim or lawsuit.

Serving the area for 65 years, the Lancaster medical malpractice lawyers at Munley Law can review your case and fight for the compensation you deserve if you decide to take action. Learn more by contacting us today for a free consultation.

Understanding Medical Malpractice in Lancaster, PA 

Medical malpractice occurs when a healthcare provider fails to provide a patient with the quality of care that a reasonable healthcare provider would generally offer in a given situation. […]

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Lancaster Uber Accident Lawyer

The path forward isn’t always clear when you’re hurt in an Uber accident in Lancaster. As an injured passenger, you may be dealing with medical bills, missed work, and the stress of recovery – all while trying to figure out who’s responsible for your injuries. At Munley Law, we’ve helped many Uber accident victims understand their rights and get the compensation they deserve, whether your Uber driver, another vehicle, or unsafe road conditions caused the accident. If you’re recovering from an Uber-related injury, let us handle your case while you focus on healing.

Understanding Uber Accidents in Lancaster, PA

As rideshare services like Uber become increasingly popular, the frequency of Uber accidents has risen — raising significant safety concerns. According to Uber’s U.S. Safety Report, Uber-related motor vehicle fatalities peaked at 153 in the 2021-2022 reporting period.  Fatalities aside, […]

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Lancaster Nursing Home Abuse Lawyer

Placing your loved one in a nursing home or assisted living facility likely wasn’t a decision you made lightly. You thought this placement would be the best option to keep your loved one safe and ensure they received the necessary medical treatment. Elderly loved ones are, of course, more prone to injury, which is probably one reason you selected a nursing home or assisted living facility. You could have never imagined that the carefully selected facility you chose would commit elder abuse. Still, unfortunately, nursing home residents are often victims of various forms of abuse, from emotional abuse to financial abuse and medical neglect.

Understanding Nursing Home Abuse and Neglect in Lancaster, PA

In Lancaster, nursing home abuse and neglect can take many forms; the most common we see in nursing homes, assisted living facilities, and long-term care facilities include:

  • Unsanitary living conditions
  • Poor hygiene
  • Physical abuse
  • Physical neglect, […]

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Tamaqua Personal Injury Lawyer

If a car accident, workplace injury, truck accident, medical negligence, or other catastrophic injury has left you with medical bills and lost wages. In that case, you need a personal injury law firm with experience. The Tamaqua personalTamaqua Personal Injury Lawyer injury lawyers of Munley Law have decades of experience helping Schuylkill County residents with their most complex injury claims.

If you or a loved one were hurt in an accident and need legal advice, contact the Munley Law firm. We take on the insurance companies to ensure you get fair compensation for your injuries. Call the Tamaqua personal injury attorneys today.

Helping People in Schuylkill County and Beyond

Getting into an accident can cause physical, emotional, and financial hardships for the victim and their family. In some cases, these injuries can lead to long periods away from work, and in some cases, […]

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Pittsburgh Wrongful Death Lawyer

As personal injury lawyers, it is Munley Law Personal Injury Attorneys’ mission is to make things right for people who have suffered terrible injuries and losses because of someone else’s negligence. But there are some wrongs that can never truly be made right. Losing a loved one to wrongful death is absolutely devastating. While we cannot bring that person back, our Pittsburgh personal injury lawyer can and will aggressively pursue the justice your family deserves with a wrongful death lawsuit.

If you lost someone because of a car or truck crash, workplace accident, medical error or other preventable incident in Pittsburgh,  you may be entitled to compensation. While no amount of money will ever replace your loss, financial compensation can bring some peace of mind and security for your future. And, a wrongful death lawsuit is often the only way of holding the at-fault party accountable for their actions. […]

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Hospital Negligence Lawyer

Whether you’ve been hurt in an accident, are receiving specialized treatment, or are sick, being in a hospital can be a stressful experience. We trust medical professionals to provide the best standard of care, yet hospital negligenceHospital Negligence Lawyer happens. Be it inadequate hospital staff, rushed doctors, or unsanitary conditions, if your hospital stay ends in more issues, you deserve justice. That’s where the hospital negligence lawyers of Munley Law come in.

For decades, our medical malpractice attorneys have fought for the fair treatment of the sick and injured. Allow our experienced attorneys to review your case and get you the compensation you deserve.

Call the hospital negligence lawyers of Munley Law today for a no-obligation, free consultation.

What Is Hospital Negligence?

Hospital negligence is a form of medical malpractice where a hospital employee–a nurse, doctor, […]

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Can Medical Malpractice Cause a Stroke?

Understanding Strokes: Types, Causes, Treatments, and Medical Malpractice

Can medical malpractice cause a strokeStrokes are critical medical emergencies that require swift and accurate treatment to avoid lasting damage. We will examine various stroke types, their causes, available treatments, and the impact of medical malpractice.

Types of Strokes

Delays in treatment can result in permanent disability or death. Stroke symptoms are not unique and can mimic other health issues, leading to potential misdiagnosis of stroke. Common signs of a stroke include:

  • Weakness or numbness, particularly on one side of the body
  • Paralysis
  • Tingling in the arms or legs
  • Sudden loss of leg strength
  • Severe headache
  • Loss of balance or coordination
  • Slurred speech
  • Inability to speak or understand speech
  • Vision changes, such as blurred or double vision
  • Dizziness
  • Fainting
  • Loss of vision
  • Death

Strokes can vary in severity from mild to life-threatening, […]

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Pottsville Nursing Home Abuse Lawyer

Pottsville Pennsylvania Nursing Home Abuse LawyerPottsville, PA is an idyllic place for many; its combination of city and country make it the perfect place for those seeking a balance between rural and urban living.

Its many nursing homes and assisted living facilities should also make it the perfect place to grow old, but the dark reality is that these facilities can be hotbeds of abuse and neglect, much of which goes unnoticed.

If you have a loved one or family member in a nursing home, you rightfully expect them to receive a high standard of care and compassionate treatment. Anything less than this is disappointing — abuse is both unacceptable and illegal.

If you believe that a family member or loved one may have experienced nursing home neglect or abuse in Schuylkill County, you may have a claim. Contact our Pottsville nursing home abuse lawyer today to schedule a free consultation and learn how we can fight for justice on your behalf. […]

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Personal Injury Glossary Terms

This glossary provides a quick-access resource for looking up definitions of terms you will likely encounter while seeking compensation.

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W

A

Accident Report — A detailed official record of an incident created on-site by an authority figure such as a police officer or hospital staff member.

Act of God — An unforeseen event caused by natural forces without human involvement that couldn’t have been prevented with reasonable care, […]

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Pittsburgh Erb’s Palsy Lawyer

Erb’s Palsy is a full or partial paralysis of the arm caused by nerve damage. Because Erb’s Palsy is often avoidable, in some cases, parents may be able to take legal action against the doctors or other medical professionals involved in the delivery process. This kind of personal injury case, which falls under the umbrella of medical malpractice, is complicated. Working with a Pittsburgh Erb’s Palsy lawyer with specific expertise in this subject area is the best way to set yourself and your family up for success.

Contact Munley Law today for a free consultation and learn how our team of personal injury lawyers can fight to protect your best interests after a birth injury.

What Is Erb’s Palsy?

Pittsburgh erb's palsy lawyerAlso known as Erb-Duchenne paralysis, Erb’s palsy is one of multiple possible brachial plexus injuries. The brachial plexus is a network of nerves with roots in the neck, […]

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Pittsburgh Medical Malpractice Lawyer

Get a Pittsburgh medical malpractice lawyer who will fight for you

When we put our lives in the hands of a doctor or medical professional, we trust they will do their best. Unfortunately, medical errors happen too often in Pittsburgh. Many times, a mistake is just that — a mistake. However, if the medical malpractice was caused by a negligent doctor, nurse, or other medical professional, which resulted in further harm to you or a loved one, you have the right to take legal action. To take the first step towards getting your life back, schedule a free consultation with a medical malpractice lawyer at Munley Law today.

We know a lot of medical lawyers talk the talk, but there is only one law firm that wins the way we do. Our firm was founded in 1959 with a simple mission: to fight for justice for all accident victims and never back down against the “big guys.” For over 65 years, […]

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