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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Pottsville Nursing Home Abuse Lawyer
Pottsville, 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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Bloomsburg Premises Liability Lawyer
If you’ve experienced an injury on someone else’s property, we understand the challenges you face. The experienced team of Bloomsburg premises liability attorneys at Munley Law is here to represent you, focusing on Bloomsburg to be your trusted legal partner in seeking compensation for your personal injury case.
What is Premises Liability?
Premises liability holds property owners responsible for injuries on their premises due to negligence. Property owners have a duty to maintain a safe environment for visitors, guests, and customers. When this duty is breached, resulting in injuries, the injured party may have grounds for a premises liability claim.
If you’ve suffered an injury on someone else’s property in Bloomsburg, Pennsylvania, it’s crucial to comprehend the concept of premises liability. At Munley Law, our team of dedicated personal injury lawyers is here to guide you through the intricacies of this legal principle. […]
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Pottsville Birth Injury Lawyer
Navigating the Complexities of Birth Injury Law with Dedicated Advocacy
Birth injuries can occur regardless of the birth location, and not every incident qualifies for a medical malpractice lawsuit against the delivering doctor or the hospital. Our Pottsville birth injury lawyer is equipped to evaluate your situation and clarify your entitlement to compensation for your child.
Since 1959, Munley Law Personal Injury Attorneys have been a trusted advocate for families across Pottsville, PA, in medical malpractice cases. Recognized as one of the leading law firms nationally, including receiving the Super Lawyers accolade, we have successfully secured necessary compensation for hundreds of families like yours.
Contact us today to arrange a complimentary consultation, either by phone or through our online form.
Understanding Birth Injuries
Birth injuries are traumatic physical injuries that can occur to a child before, […]
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Lower Merion Wrongful Death Lawyer
In the picturesque setting of Lower Merion, coupled with the vibrant and historic backdrop of Philadelphia, the importance of local representation in sensitive matters like wrongful death is magnified. Lower Merion is nestled amidst landmarks like the historic Ardmore Library and the picturesque Cynwyd Heritage Trail, where the complexities of navigating a wrongful death case demand local expertise. Situated a stone’s throw from Philadelphia, Lower Merion uniquely benefits from both its tranquil suburban charm and proximity to urban resources. Law firms like Munley Law’s Lower Merion personal injury team, offer an unparalleled blend of local insight and broader legal insight. Their deep understanding of the region ensures affected families receive justice with a touch of compassion, bridging both the Merion community and the larger Philadelphia metropolitan area. Choosing Munley Law as your wrongful death lawyer ensures expert representation and compassionate guidance, all beginning with a no-obligation, free consultation. […]
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Williamsport Medical Malpractice Lawyer
If you or a loved one have suffered due to medical negligence in Pennsylvania, you have undoubtedly been through an incredibly taxing and overwhelming experience. Here at Munley Law, we believe that every victim who has been harmed or injured at the hands of a physician has a right to justice. You can trust Munley to provide compassionate and relentless representation as you navigate your personal injury case.
Our attorneys are renowned for their in-depth understanding of the complexities of medical malpractice cases, and are considered some of the leading lawyers in medical personal injury cases. What’s more, we have a proven track record of securing substantial compensation for our clients in Williamsport, PA and around the country.
At Munley Law, we are committed to holding negligent doctors accountable and ensuring that justice is served. With our unwavering dedication and proven track record, […]
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What Kind of Compensation Can I Get For My Construction Accident Injuries?
Construction accidents can be a life-altering experience, with consequences that reach far beyond physical harm. If you’ve been injured on a construction site, it’s important to understand the potential value of your case. This article seeks to help you unravel the complexities of estimating this worth, considering factors from medical expenses to emotional trauma. Remember, every case is unique and hinges on numerous elements. Consult with a Hazleton construction accident attorney for a precise evaluation of your specific circumstances.
Grasping the Concept of Legal Damages
When you’re navigating a construction accident case, you’ll often come across the term “legal damages.” These damages refer to the monetary compensation you can potentially receive if your case is successful. Understanding them is crucial as they form the basis for assessing the worth of your case.
It’s important to note that if you are working at the time of the construction accident, […]
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Vermont Truck Accident Lawyer
Each year, Vermont drivers are involved in hundreds of accidents involving heavy trucks. Most of these take place on major routes like I-89 and I-91, but truck accidents resulting in serious injuries also take place in cities like Burlington as well as on rural town roads.
If you or someone in your family suffered serious injuries in a Vermont truck accident, you don’t have to go through the claims process alone. A truck accident is no ordinary insurance claim; you need an experienced truck accident attorney who can hold negligent transportation companies responsible and fight for the maximum amount of compensation you deserve. Contact Munley Law for a free consultation with a truck accident attorney today. There’s no fee unless we win your case.
How Are Car Accidents and Vermont Truck Accidents Different?
While car accidents and truck accidents may seem similar at first glance, […]
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How Long Do I Have to Tell My Insurance I Was In a Car Accident?
What is the Statute of Limitations After a Car Accident?
Though they may be all too common, car accidents and the potential associated personal injury lawsuits in general, follow very specific statute of limitations and they vary depending on the state you live in.
If you or a loved one has been injured in a vehicle accident you have legitimate reasons to be confused, distracted and unsure about your state laws regarding time limits. What IS a reasonable time frame for you to open your claim? What can you expect from the claim process? What is the legal time limit for filing a personal injury claim?
If you were involved in a car accident, the car accident lawyers at Munley Law Personal Injury Attorneys can help. Contact us today for a free consultation.
When Do I Report a Car Accident to the Insurance Company? […]
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How Long Do I Have to File a Lawsuit After a Car Accident?
What Are the Statute of Limitations in a Car Accident?
In the days and weeks following a car accident, you are focused on a lot of distracting and important things such as medical visits, recovering from any injuries sustained in the auto accident, worrying about finances such as trying to repair vehicle damage, replacing a vehicle that was lost, lost wages from missing work for injury or doctor visits and more. Time can move faster than it seems. So you might be wondering: What are the statute of limitations for filing a car accident claim in Pennsylvania?
You may not know this but car accidents and personal injury lawsuits in general, follow very specific statute of limitations depending on the state you live in. The car accident lawyers Munley Law Personal Injury Attorneys explains how long you have to file a personal injury lawsuit after a car accident and what steps you need to take to meet those time constraints. […]
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What Can I Sue for After a Truck Accident?
A truck accident can happen at any time. When you are in a passenger vehicle, on a bike or motorcycle, you are particularly vulnerable to serious injuries. Trucks are heavy vehicles with a lot of force and the potential to cause serious damage just by their sheer size and weight.
Pennsylvania has many interstates, routes and highways which see a lot of truck traffic. If you have ever been traveling on route 81 for instance, you know how intimidating and scary it can swiftly become to be surrounded by large trucks going at a high rate of speed.
After a truck accident you might be facing a lot of frustrating and confusing hardships. You can have minor or very serious injuries, you might have lost your vehicle which was your primary transportation to work, you might be angry and scared looking forward to a future with physical therapy, […]
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Pottsville Medical Malpractice Lawyer
If you or someone you love suffered due to medical negligence in the Pottsville area, contact a Pottsville medical malpractice lawyer at Munley Law Personal Injury Attorneys for a free consultation
When someone suffers harm because of medical mistakes or failure to follow a standard of care, the negligent caregiver should be held responsible. As the patient or patient’s family member, you may be eligible for financial compensation for your suffering. The medical malpractice lawyers at Munley Law Personal Injury Attorneys can help. For nearly 60 years, our personal injury lawyers have helped people like you who have been harmed by medical errors or negligence.
Medical malpractice cases are often very complex. It is vital that you consult with an experienced medical malpractice attorney in Pottsville to ensure your have the best chance of recovering full and fair compensation for your losses. […]
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Colorado Medical Malpractice Suit Against Nurses Settled
Undocumented immigrant receives $700,000 in medical malpractice suit settlement
The Colorado Springs, city-owned Memorial Health System settled a lawsuit filed by an undocumented immigrant from Mexico who claimed her baby suffered severe brain injuries during delivery four years ago. The now four-year-old is a spastic quadriplegic who cannot stand, sit or walk, and has the intellectual level of a six-month-old.
The city paid $700,000 to the child because the care provided by the Memorial nurses and the doctor “fell below the standard of care” by failing to properly interpret fetal heart monitoring strips that showed the baby in distress during labor, having the mother hold her breath which further depleted the oxygen going to the baby and delivering the baby vaginally rather than performing a cesarean section.
The lawsuit only covered the negligence by the nurses. The doctor is employed by Peak Vista Community Health Centers which is a Federally Qualified Health Center. […]
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Doctor to Pay $3 Million for Birth Defects Suffered 18 Yrs Ago
PostStar.com reports a Warren County state Supreme Court has found a doctor should pay $3 million to a now 18-year-old girl who continues to suffer from birth defects.
The jury found Dr. Stephen Serlin, an OB/GYN should pay the girl who suffers from cerebral palsy and other health issues she suffers because of a brain injury at birth. Dr. Serlin was found to have “deviated from the acceptable standard of care” which was a large factor in the girl’s health issues.
He was called to the hospital at 5 a.m. to perform an emergency Cesarean section. He arrived 2 hours later and did not start the surgery until 8:14 am – a delay where the brain injury occurred. The baby suffered “fetal asphyxia” in the womb due to a compressed umbilical cord.
Birth traumas are injuries that happen to a newborn during labor and delivery. […]
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$2.6M Medical Malpractice Verdict In Bethlehem
Doctor at fault for cancer misdiagnosis
Cancer is one of the most common causes of death in the United States, and failure to properly diagnose this disease can be devastating – even fatal – to the patient. When this happens, it may result in a medical malpractice charge against the healthcare givers.
A ruling by the Pennsylvania Supreme Court has ended a two-and-a-half year journey through the state courts for a $2.6 million medical malpractice verdict against St. Luke’s Hospital & Health Network and one of its gynecologists.
The case was filed in Lehigh County; the plaintiff alleged that her doctor breached the standard of care when he did not advise her to have a biopsy on what turned out to be a cancerous lump in one of her breasts.
Our attorneys have decades of experience handling complex medical malpractice cases. […]
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Woman Settles Flesh-Eating-Bacteria Medical Malpractice Lawsuit
The Orlando Sentinel reports a woman who ended up having both arms and legs amputated, allegedly due to a flesh-eating-bacteria, has settled her lawsuit against the hospital for an undisclosed amount.
After delivering a son at the Orlando Regional Healthcare System, Inc. (now called Orlando Health) in 2005, the woman developed a rash, fever, chills and other symptoms. The next day, even though she was in extreme pain the hospital tried to discharge her, according to her lawsuit, but her husband refused to take her home, and the following day surgery revealed she had gangrene in her belly.
Her condition grew worse and it was determined her body was being ravaged by Group A Streptococcal infection – a flesh eating bacteria. In hopes of saving her life, health care personnel amputated all four of her limbs. She is now confined to a motorized wheelchair.
Medical negligence is the result of a health care provider’s failure to provide the expected standard of care. […]
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Dakota Urology Clinic Sued for $5 Million in Medical Malpractice
Five plaintiffs are asking for $5 million in damages from the Siouxland Urology Center in Dakota Dunes, SD. claiming negligence, medical malpractice, and intentional infliction of emotional distress.
In the 22 page class-action lawsuit the patients claim Siouxland Urology breached the standard of care by re-using certain disposable medical equipment which caused damages to the patients. Manufacturers recommend the equipment used in cystoscopy procedures be used only once. Siouxland Urology denies any unsterilized equipment ever came into direct contact with patients.
South Dakota Department of Health has ordered the Center to change its cystoscopy practices and the Center is offering a free blood test to check for HIV and Hepatitis for the 5,200 affected patients.
If you or a loved one has been harmed by a form of medical negligence, you may have a medical malpractice claim. Our attorneys at Munley Law Personal Injury Attorneys are experienced and successful medical malpractice litigators and we fight to protect the rights of patients. […]
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