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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West Chester Medical Malpractice Lawyer
When your doctor or other healthcare provider makes a harmful or life-threatening mistake, a medical malpractice lawsuit can hold them accountable and make sure you receive proper compensation for your losses. At Munley Law, we understand the devastating impact that medical errors can have on patients and their families. Our experienced West Chester medical malpractice attorneys have spent decades representing Pennsylvanians who have suffered because of someone else’s negligence. We are ready to get to work for you today.
If you or a loved one has experienced injuries due to medical negligence in West Chester or elsewhere in Chester County, contact Munley Law for a free consultation. Our attorneys will review your case and help you understand your legal options for pursuing compensation.
Holding Negligent Medical Providers Accountable in West Chester, PA
Medical negligence and malpractice can happen at any hospital, clinic, or specialist’s office. […]
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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.
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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Bethlehem Wrongful Death Lawyer
A Bethlehem wrongful death lawyer can help families seek compensation when negligence leads to the death of a loved one. At Munley Law Personal Injury Attorneys, our legal team combines over 60 years of experience with a proven track record of successful verdicts and settlements in the Lehigh Valley. We handle all aspects of wrongful death claims – from investigating the circumstances and determining liability to negotiating with insurance companies and proceeding to trial when necessary. While we aggressively pursue maximum compensation, we also provide compassionate guidance to help your family through this difficult process.
Contact us for a free consultation to discuss your wrongful death claim and learn how we can help protect your family’s future.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of action brought by the survivors or estate of a deceased person against the party or parties responsible for that person’s death. […]
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Erie Birth Injury Lawyer
If your child has suffered a birth injury due to medical negligence, you deserve to secure financial compensation to ensure you can meet all of your child’s unique and extensive medical needs. Filing a compensation claim and making sure you receive fair compensation can be difficult to do on your own, but a qualified birth injury attorney in Erie can help. An experienced birth injury lawyer understands the emotional and financial toll that birth injuries have on families and will work tirelessly to get your family the maximum compensation to ease as much of your pain as possible.
Birth Injuries and Medical Malpractice
A birth injury is a physical injury a baby suffers during the labor and delivery process. A birth injury elevates to medical malpractice when the injury was preventable but occurred due to a healthcare provider’s negligence or failure to meet the standard of care. […]
