There are several distinctions between medical malpractice and personal injury cases, however, medical malpractice is generally a type of ...
There are several distinctions between medical malpractice and personal injury cases, however, medical malpractice is generally a type of personal injury case. Both cases involve harm caused to victims due to another party's negligence or even malicious intent. However, medical malpractice cases are often more complicated because of the trust placed in medical professionals to provide an expected standard of care.
The following are some similarities and differences between medical malpractice and personal injury law.
Medical Malpractice Cases Fall Under Personal Injury
Personal injury law involves physical or emotional injuries that result from another person or entity's carelessness. If those injuries result from avoidable medical mistakes that professionals caused through negligence, a personal injury case becomes a medical malpractice case.
Both types of law are intended to help recover compensation for victims of injuries who are not at fault for these injuries. Certain aspects of medical malpractice cases are like other personal injury cases, but medical malpractice cases are often more complex than those involving slip and fall accidents, motor vehicle crashes, or other types of accidents.
Other Similarities Between Personal Injury and Medical Malpractice
Apart from medical malpractice qualifying as a type of personal injury, there are a few common elements that both cases share.
Both Are Civil Tort Law
Medical malpractice and personal injury are under the umbrella of civil tort law.
They Entail Seeking Compensation for Injured Parties
Both cases entail recovering compensation through the civil court for injury victims. Specifically, compensation is recovered from the party deemed liable for the injuries or the party's insurance company.
Both Involve Various Monetary and Non-Monetary Damages
Medical malpractice and personal injury cases entail pursuing financial compensation for different types of damages.
Monetary damages may include hospital bills, the cost of treatment, and physical or psychological therapy expenses for recovery, along with other easily quantified damages with a dollar value. Non-monetary damages include pain and suffering that may be physical, mental, or emotional in nature.
How Medical Malpractice and Personal Injury Cases Differ
Keeping the similarities in mind, there are certain differences that make these two cases considerably different, particularly when it comes to severity.
The Statute of Limitations Is Often Shorter for Medical Negligence
The statute of limitations is the amount of time a person has to file a claim following any kind of accident, including medical malpractice. The statute of limitations will vary from state to state, but it tends to be shorter for medical malpractice cases. It's important to find out what the statute of limitations is for a case following any type of accident. Doing so can help victims gauge how much time is available to file a claim.
Medical Malpractice Cases Are Generally More Complex
Many personal injury cases are relatively simple, especially if injuries are minor. Victims may not even need the help of an attorney to file a claim and may be able to negotiate directly with insurers. However, medical malpractice claims involve the negligence of medical professionals who are held to a higher standard of care, which can make these cases more complicated.
Expert Witnesses Are Often Used to Help Prove Medical Negligence
Medical malpractice cases tend to involve a number of expert witnesses to help prove negligence, which can result in much higher costs than what would be seen with other personal injury cases.
Medical Negligence Victims Need an Affidavit of Merit
Unlike other types of personal injury cases, victims of medical negligence need an affidavit from a physician, which is a sworn statement explicitly stating that injuries resulted from medical negligence.
All of these differences make medical malpractice cases unique from other types of personal injury cases. Understanding these differences can help victims of medical negligence more effectively prepare cases when seeking to file a claim.
