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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 recent study published in the Journal Pediatrics, (the official journal of the American Academy of Pediatrics), found that each year in the US, approximately 70,000 hospitalized children experience an "adverse event," and the majority of these so-called, "adverse events," may be preventable.  

Another study, published in Annals of Internal Medicine, examined diagnostic errors and found the most common medical errors were: failure to order proper diagnostic tests, failure to create a proper follow-up plan, failure to obtain an adequate history, failure to perform an adequate physical exam, and, incorrect interpretation of diagnostic tests.  Abstracts of each of these three articles can be downloaded from our "Resources" subsection. 

Attorney Malizia has exceptional expertise in these cases.  He has tried many medical malpractice cases in court and has settled many more. The total dollar amounts recovered over 25 years of practice on behalf of victims of medical malpractice add up to many millions of dollars.  Many individual recoveries were in the "seven-figure," range. Some examples of medical malpractice errors appear in our "Malpractice Injuries" and "Birth Injuries" sub-sections.