If you are walking down the street and your neighbor’s dog bites you, you can file a personal injury claim against your neighbor. However, if you then receive medical assistance for your injury and your doctor made errors that worsened the wound, you will have to file a different suit against the doctor, one under medical malpractice.

It’s important to distinguish between a personal injury claim and a medical malpractice claim so that your case gets the appropriate legal support. This article will explore the differences between the two.

A Helpful Guide To the Typical Attorney Fees for Personal Injury Cases

Personal Injury Claim

A personal injury claim is filed when you seek to receive compensation after some form of harm as a result of another party.

A personal injury claim applies to the following situations:

• Slip and fall occurrences in someone’s property, store, or sidewalk
• Dog bites
• Car accidents
• Food poisoning

To know more about personal injury claims, visit here.

Medical Malpractice Claim

A claim based on medical malpractice occurs when a healthcare professional or a hospital causes harm to a patient as a result of negligence. Medical malpractice is considered a form of personal injury.

A medical malpractice claim covers the following situations:

• Surgical mistakes
• Misdiagnoses
• Prescription errors
• Mistakes in lab results


Differences Between Personal Injury and Medical Malpractice

Besides the differences in definition and scope, other factors distinguish the two claims. The legal process of defending a personal injury suit at court, for instance, varies with how you will approach a medical malpractice suit.

Medical Malpractice

Level of complexity

While personal injury involves a greater array of possible incidents, filing a lawsuit based on medical malpractice is more complex. This is because they will involve a greater need for medical expertise when arguing for your case.

The Need for Expert Witnesses

You are more likely to need an expert witness when trying to win a medical malpractice lawsuit. This, again, links back to the need for more medical evidence to support your claim against healthcare professionals.

Probability of Success

Medical malpractice suits are a lot harder to win, simply because they are a lot harder to prove. How do you provide evidence that a doctor committed a mistake

that harmed you greatly? What if the harm was a side effect or a known consequence of the medical care you were prescribed?

Admission of Fault

The process of going into a lawsuit is time-consuming and expensive. For a lot of businesses and individuals, it’s simply not worth the trouble. Instead, they may choose to admit fault and reach a settlement with you.

This is something that occurs a lot more often with personal injury claims, which is one of the reasons why it is often simpler.

What Should You Claim?

Overall, a medical malpractice claim is more narrow in scope, whereas a personal injury claim can involve almost anyone. The process of winning a medical malpractice claim is also a lot harder.

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If you are still uncertain about which claim to file, contact an attorney who specializes in handling accidents or personal injury claims.

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