If you’ve sustained injuries due to a doctor’s negligence or the reckless actions of another person, you might be wondering what the difference between medical malpractice and personal injury is. Simply put, medical malpractice is a type of personal injury incident in which a patient suffers injuries due to a doctor or nurse’s careless actions.
Car accidents, slip and falls, dog bites, and other accidents caused by negligence fall under the personal injury category. Understanding the differences between the two fields can be difficult but may prove helpful in your case. A skilled Hartford medical malpractice lawyer from Claggett, Sykes & Garza can explain the two terms and help with your case.
Key Differences Between Medical Malpractice and Personal Injury
Familiarizing yourself with the differences between medical malpractice and personal injury cases can help you understand your case on a deeper level. Consider the following differences between the two types of cases before you get started on your claim:
Personal Injury Accidents Can Vary More than Medical Malpractice
Since personal injury is an umbrella term for a number of different cases, they can vary a lot. While medical malpractice refers to injury caused by the negligence of a medical professional, personal injury refers to injury caused by anyone’s negligent actions.
As a result, defendants in medical malpractice cases are always medical professionals. Conversely, defendants in personal injury cases can be drivers, property owners, pet owners, or virtually anyone else whose negligence causes injury.
A personal injury claim can be filed after any of the following incidents:
- Car accident
- Truck collision
- Slip and fall
- Animal attack
- Motorcycle accident
- Pedestrian accident
- Workers’ compensation incident
- Premises liability accident
- And more
As you can see, personal injury is a vast field that could include many different types of cases. Although medical malpractice is a type of personal injury incident, it is very different from the average personal injury case.
Medical Malpractice Cases Are More Complicated
Since medical malpractice cases deal with injuries caused by negligent medical care, they are often more complicated than personal injury cases. Malpractice cases involve complex medical concepts and issues that require the assistance of expert witnesses.
In these cases, expert witnesses are usually medical professionals with extensive knowledge of the medical field. They explain difficult medical concepts so that those involved in the case can make informed decisions, improving the odds of a fair verdict.
Medical Malpractice and Personal Injury Have Different Standards of Care
Personal injury cases are based on a concept known as the duty of care. Put simply, a duty of care is a legal obligation that everyone has to behave in a way that prevents others from experiencing foreseeable harm. When, for example, drivers exceed the speed limit, they breach the duty of care and can be held liable if their actions cause injury to another individual.
In the medical world, doctors, nurses, and other professionals are held to a different standard of care. When a medical malpractice claim is filed against a medical professional, the court will determine whether the doctor or nurse failed to provide a level of care that would be expected from a competent medical professional with the same job and background.
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Incidents You Can File a Medical Malpractice Claim for
As mentioned earlier, there are many types of accidents for which you can file a personal injury claim, including car crashes, dog bites, and more. To fully understand the difference between medical malpractice and personal injury, it can be helpful to learn about the different types of medical malpractice incidents that can occur when doctors fail to uphold a reasonable standard of care.
You can file a medical malpractice suit for any of the following incidents:
- Misdiagnosis
- Surgical errors
- Medication errors
- Birth injuries
- Anesthesia errors
- Delayed diagnosis
- Failure to treat
- Hospital infections
- Nursing home neglect
- Emergency room errors
- Inadequate follow-up care
- Improper documentation
- Lack of Informed consent
- Laboratory errors
If you’ve sustained injuries due to one of the above-listed forms of medical malpractice, you could be entitled to financial compensation. To learn more about your legal options and the difference between medical malpractice and personal injury, you’ll want to consult an experienced lawyer.
How an Experienced Personal Injury or Medical Malpractice Lawyer Can Help You
Whether you’ve been injured in a car accident, truck collision, or a medical malpractice incident, an attorney can provide the legal representation you need to recover fair compensation. Here’s what a skilled lawyer can do to win your case:
- Investigate the incident you were hurt in
- Collect evidence and build a strong insurance claim or lawsuit
- Use evidence to prove medical malpractice or general negligence
- Negotiate a fair settlement with insurers
- File a lawsuit on your behalf
- Represent you in court and make convincing arguments
- Use eye-witness and expert witness testimony to bolster your claim
- Ensure your case is compliant with the statute of limitations
- Handle the entirety of your case from start to finish
- Address any questions or concerns you have about your case
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Schedule a Free Consultation With a Personal Injury or Medical Malpractice Lawyer
At Claggett, Sykes & Garza, we understand how difficult it can be to move forward after sustaining an injury in an accident caused by another person. Our team is here to help investigate your incident and pursue maximum compensation for the injury and losses you’ve been burdened with.
Contact us today to schedule a free consultation with a medical malpractice attorney or personal injury lawyer from Hartford. We’ll meet with you to discuss your case and explain the differences between medical malpractice and personal injury. We look forward to representing your best interests and fighting for the results you deserve.
