What Constitutes a Medical Malpractice?
Even though medical malpractice is part of personal injury law, it is a lot more complex than most cases in the same category.
Both medical malpractice and personal injury law involve getting an injury as a result of another person’s negligence.
If, for example, you get an injury in a friend’s house, you may seek compensation for the medical charges and lost wages.
In this case, you need the help of a personal injury lawyer.
If, on the other hand, a medical practitioner hurts your leg when treating you, it is a different case.
If, for example, they use the wrong surgical equipment, you may need to seek additional medical help.
You can get help for such a case from a medical negligence lawyer.
Even though all malpractice lawyers are personal injury lawyers, personal injury lawyers do not have to be medical malpractice lawyers.
Understanding a Personal Injury Claim
Personal injury claims are tort claims. This means that they are about damages and liability.
When trying to win a personal injury claim, you need to prove that the defendant is responsible for the damages.
You must also prove the extent of those damages.
Even when you have proof that injury happened, you must prove that it happened due to the negligence of a third party.
All personal injury claims are because of negligence. Some of the most common types of personal injury cases include; car accidents and slip and fall accidents.
Negligence does not need to be at the center of personal injury claims against manufacturers.
Strict liability applies to manufacturers. In such cases, you do not need to demonstrate negligence. However, you must prove that a fault in the product resulted in personal injury.
Understanding Medical Malpractice
Since medical malpractice is because of negligence, it is an element of personal injury law.
Unfortunately, medical negligence is one of the leading causes of death.
Medical negligence is when a health care practitioner fails to follow the ‘recognized standard of care’ when giving medical services to a patient.
A standard of care is what a medical provider should or should not do in specified circumstances.
You can file a claim for medical malpractice if you have proof that a medical professional was negligent.
You must also prove that their negligence caused you damages or injury.
When It is Not Medical Malpractice
1. If the Patient’s Condition Gets Worse
A doctor is not at fault for malpractice if the condition of a patient continues to get worse in the course of their treatment.
It is not always possible for a doctor to treat an illness even if it appears to be minor. Different patients respond to treatment differently.
2. If The Condition is Untreatable
If a patient has an untreatable condition, the doctor has not committed malpractice.
They only need to make a correct diagnosis and make the right decisions in providing care for their patients.
Similarities of Medical Malpractice and Personal Injury
Medical practice and personal injury have a lot in common. Some of their similarities include the following;
1. Civil Tort Law
Both medical malpractice and personal injury are under civil law and torts
2. They Both Involve Injured Parties
In both medical negligence and personal injury cases, there has to be an injured person. The person must sustain an injury due to the negligence of another party
3. Compensation
Both personal injury and medical negligence cases seek monetary compensation. The compensation may be for either monetary or non-monetary damages.
The affected party may get compensation for non-economic damages such as pain and suffering.
Examples of Medical Malpractice
- Birth injuries
- Delayed treatment
- Misdiagnosis and failure to diagnose
- Errors in medication
- Abuse at the nursing home
- Errors during surgery
- Lack of consent
- Poor patient care
- Errors in administering anesthesia
Differences Between Personal Injury and Malpractice
Even though medical malpractice and personal injury have a lot of similarities, they also have many important distinctions.
The following are some of the most important distinctions;
1. Complexity
Both medical negligence and personal injury cases can be complex. However, personal injury cases cover a much wider scope.
Medical negligence cases are exclusively about injuries resulting from negligent medical practices.
2. Statute of Limitations
In most states, personal injury claims have a different statute of limitations from malpractice suits.
The average time to file a personal injury claim is two years. For medical negligence cases, it may be much shorter.
3. Issues in Dispute
This is the most basic difference between personal injury and medical negligence claims. In personal injury claims, you can easily get the other person to admit fault.
Medical negligence cases tend to be different. Most doctors and hospitals will go out of their way to fight the claim.
4. Probability of Success
Since medical negligence cases are hard to prove, the rate of success can below. The rate of success for personal injury claims is a lot higher.
In either case, you need to work with a professional and experienced attorney. With medical negligence cases, you need to hire multiple expert witnesses.
They will review your records and give an objective testimony. Hiring expert witnesses can be expensive.
5. Affidavit of Merit
Unlike other personal injury cases, medical negligence requires you to obtain an affidavit from a doctor.
The affidavit should show that the defendant’s negligence caused injury.
Whether you have a medical malpractice or personal injury case, you need to work with a lawyer. You may choose to try settling the case out of court.
About 200,000 people die due to medical malpractice every year. Surviving relatives file a claim only 15% of the time.
This means that a lot of people are unable to recognize the opportunity to pursue the compensation they deserve.
Working with a specialized attorney increases your chances of success. If you have a personal injury case, it is okay to work with a personal injury attorney.
If, however, you need to file a medical malpractice case, work with a medical malpractice attorney.
