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Medical Malpractice Areas



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Surgical Errors



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Medical Malpractice

Medical Malpractice Law is a subdivision of Personal Injury Law.  The difference is that the negligent person or entity in a medical malpractice case is a medical care provider – usually a physician.  The allegation of negligence against the physician would be that in the course of treating his or her patient, the physician failed to provide the so-called, Standard of Care, i.e., that level of skill and diligence that an ordinarily prudent and careful physician would have provided in those same or similar circumstances, and as a result of this failure, the patient was injured.

A Harvard Medical School study published in the New England Journal of Medicine found that there are as many as 98,000 deaths annually from medical negligence and many more injuries.  Yet only a small percentage of these people seek compensation.  A study published in the Journal Pediatrics, (the official journal of the American Academy of Pediatrics), found that each year in the U.S., approximately 70,000 hospitalized children experience an “adverse event,” and the majority of these so-called, “adverse events,” may be preventable.

Following are some other studies and articles of interest:

  • A study published in the Annals of Internal Medicine examined diagnostic errors and found that the most common medical errors were failure to order proper diagnostic tests, failure to perform an adequate physical exam, and incorrect interpretations of diagnostic tests.

  • A study published in the Journal of The American Medical Association found that almost 2% of all patients admitted to two teaching hospitals experienced a medication mistake.

  • A study in the New England Journal of Medicine found that in a large group of North Carolina Hospitals, one out of four of their patients was harmed while in the hospital.

  • A study published in the Journal of Nursing Law found that one out of every 10 patients hospitalized will suffer from an error while hospitalized.

  • An article in the New York Times, Wednesday, April 17, 2013, referencing a study published in the Journal of the American Medical Association titled "Hospitals Profit from Surgical Mistakes, Study Finds" pointed out that, obviously, hospitals were not trying to make money by deliberately causing complications, nonetheless, ironically, the current payment system makes it difficult for hospitals to perform better because improvements can wind up costing them money!

Citations to the above articles, along with other references, can be found on the Resources Page of this web site.

Attorney Malizia has exceptional expertise in these cases. He has tried many medical malpractices cases in court and has settled many more.  The total dollar amounts recovered over 30 years of practice on behalf of victims of medical malpractice add up to many millions of dollars.

Brain Damage

"One out of every 10 patients will suffer from an error while hospitalized."

M. Green.  2004.  "Nursing Error and Human Nature."  Journal of Nursing Law 9:37-44

Medication Errors

"Almost 2% of all patients admitted to two teaching hospitals experienced a medication mistake."

Bates, Spell, Cullen et al., "The Costs of Adverse Drug Events In Hospitalized Patients," Journal of the American Medical Association 277 (1995):307-311

Surgery

30 Years Experience