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.
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:
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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:
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.
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.
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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