Difference Between Personal Injury & Medical Malpractice
When you’re injured because of someone else’s actions, you may have grounds for a legal claim. Knowing what kind of claim to file can be confusing. Is it a personal injury claim or a medical malpractice claim? They are often used interchangeably, but are different areas of law. This guide will help you understand the key differences between personal injury and medical malpractice claims and the common types of cases for each.
What is a Personal Injury Claim?
A personal injury claim is a legal case you can pursue if another party’s negligence or harmful actions have caused you to suffer injuries or emotional harm. The purpose of a personal injury claim is to recover compensation for the harm you’ve suffered whether that’s medical bills, lost income, pain and suffering, or other damages.
Common Types of Personal Injury Cases
Car accidents⎯These are collisions involving cars, semi-trucks, motorcycles, and pedestrians injuries.
Slip and fall accidents⎯These accidents are injuries that happened on someone else’s property due to unsafe conditions like wet floors, icy sidewalks, or poor lighting. Examples of where slip and fall accidents could happen: Grocery stores, restaurants, parking lots, sidewalks, staircases, parking lots, residential buildings, and private homes.
Workplace accidents⎯Injuries that happen to an employee on the job due to unsafe conditions, negligence, or a third party’s actions. Examples of workplace accidents caused by a third party include: hazardous substances, defective equipment, or unsafe conditions on a site.
Dog bites⎯In many states, dog owners can be held legally responsible if their pet bites or injures someone.
Defective product⎯A defective product claim is filed when someone is injured by a faulty or unsafe product. Manufacturers, distributors, or sellers can be held legally responsible for the harm their products cause.
Toxic torts⎯A toxic tort claim is filed when someone is injured due to exposure by asbestos, mold, environmental pollutants, side effects of prescription drugs, and other harmful toxic substances.
What is Ordinary Negligence in Personal Injury?
Ordinary negligence is the failure to exercise reasonable care, and as a result, causes harm to someone. This is because actions, or lack thereof, put others at risk of harm that could have probably been avoided. To show negligence, a personal injury attorney must prove four key elements to show the legal responsibility of the defendant.
1. Duty of Care
The first component of showing negligence by the defendant (the at-fault party) owed a duty of care to the plaintiff (the injured party). This means the defendant had a legal responsibility to act with care and not cause harm. What counts as “reasonable” can vary depending on the situation and the relationship between the people involved. For example, a store owner must keep floors free of hazards to prevent customers from slipping or falling, and a manufacturer must make sure that their products are safe for consumers.
2. Breach of Duty
A breach of duty happens when the defendant failed to meet their legal responsibility to act reasonably and prevent harm. Examples of breach of duty could be, when a driver is texting and causes an accident or a manufacturer sells a product knowing it has safety issues.
3. Causation
Causation is when your attorney needs to show that the accident would not have happened if not for the defendant’s actions. An example of this could be, a customer slips in a parking lot due to the failure of the store to clear snow or ice, or put signs up warning of these dangerous conditions.
4. Damages
Damages is proving that the plaintiff suffered substantial harm because of the defendant’s breach of duty and causation. Examples of damages can include medical bills, lost income lost due to missed work or reduced earning capacity, or emotional pain and suffering.
What is Considered Medical Malpractice?
Medical malpractice is a specific type of personal injury claim that is filed when a healthcare professional causes harm to a patient through negligent actions or omissions. A medical malpractice attorney needs to prove their duty to the patient “was breached when the physician deviated from the standard of care.”
What Are the Most Common Medical Malpractice Claims?
Misdiagnosis or delayed diagnosis⎯This happens when a healthcare professional fails to correctly diagnose a serious medical condition or takes too long to diagnose the condition that prevented harm with could have otherwise be prevented if proper care had happened.
Surgical errors⎯Surgical errors happen when a surgeon or surgical team makes a mistake that causes harm to a patient. Examples of this include, performing the wrong procedure, leaving surgical instruments inside the body, or causing avoidable complications.
Medication errors⎯A healthcare provider may prescribe the wrong medication or dose, or a pharmacist may fill a prescription incorrectly, failing to consider a patient’s allergies or other medications, which could result in serious harm or even death.
Anesthesia errors⎯If an anesthesiologist administers too much or too little anesthesia or doesn’t monitor a patient’s vital signs properly, and this results in injury and complications.
Birth injuries⎯If a healthcare provider is negligent during labor and delivery, resulting in harm to the mother or baby, such as cerebral palsy. Examples of birth injuries include, cerebral palsy, nerve damage, broken bones, Hypoxic-Ischemic Encephalopathy, internal organ damage, spinal cord damage, or intracranial hemorrhages.
What is Professional Negligence in Medical Malpractice?
Professional negligence in medical malpractice is when a healthcare provider fails to meet the accepted standard of care in medicine, resulting in harm to a patient. To prove medical negligence, a medical malpractice lawyer must prove:
- A doctor-patient relationship existed, which established the provider’s duty to care for a patient.
- The healthcare professional failed to act as a reasonably competent and skilled expert in their field as other professionals in their field would in similar circumstances. The defendant in a medical malpractice case is compared to others in their field versus proving ordinary negligence in personal injury cases. To help the case, expert witnesses, usually other doctors are asked to testify to explain what a competent doctor would have done, and how the defendant failed to meet that standard.
- The healthcare professional’s negligence directly caused harm and injured the patient.
- The injury resulted in medical costs for other surgeries, medications, visible scars, long-term medical care, physical pain, emotional distress, or loss of enjoyment of life.
Why You Need an Attorney For Personal Injury or Medical Malpractice Claims
Navigating the laws, finding witnesses, talking to insurance companies, and making sure you get the compensation you deserve in a personal injury or medical malpractice claim can be complex. An experienced personal injury and medical malpractice attorney will:
- Explain your rights, walk you through your legal options, and what compensation you may be entitled to.
- Gather evidence such as medical records, accident reports, images and video footage, and expert testimony to support your claim.
- Work on your behalf to show that the at-fault party’s actions directly caused your injury.
- Handle negotiations to make sure you get fair compensation.
- Represent you in court if your case goes to trial.
Working with an attorney experienced in personal injury and medical malpractice claims improves your chances of a successful outcome, and to make sure you feel supported throughout the process.
Get a Free Consultation
If you’ve been injured due to someone else’s negligence, medical malpractice, or have a wrongful death claim, contact Postman Law today to schedule a free consultation.
We have offices in Chicago, Cincinnati, Denver, and Minneapolis, but work with clients nationwide. Contact us now for a no-obligation, free consultation by filling out our form online or calling us at 844-311-4939.
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