Medical Malpractice vs. Personal Injury: Do You Have a Claim?

Taking legal action after suffering an injury or a medical error can be overwhelming. Understanding the difference between medical malpractice and personal injury claims is crucial in determining the appropriate next steps. 

Below, we’ll explain the distinctions between medical malpractice and personal injury claims with examples and show how an attorney from Fiore Achermann can assist you in evaluating your case and securing the compensation you deserve.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional or institution fails to provide the standard of care that a reasonably competent medical professional would provide under similar circumstances, resulting in harm to the patient. Legally, malpractice occurs when the four following criteria are met:

  1. Duty of Care: The plaintiff must show that the healthcare provider owed a duty of care. It is typically straightforward to establish when there is a clear provider-patient relationship.
  2. Breach of Duty: The plaintiff must demonstrate that the healthcare provider breached the standard of care. This often requires testimony from medical experts to establish what a competent provider would have done under similar circumstances.
  3. Causation: The plaintiff must prove that the breach of duty directly caused their injury. This involves showing that the injury would not have occurred but for the provider’s negligence.
  4. Damages: The plaintiff must show that they suffered actual harm or losses as a result of the malpractice. This can include physical pain, emotional distress, additional medical bills, and lost wages.

There are many ways that healthcare workers may commit malpractice, but some of the most serious examples include:

  1. Surgical Errors: These occur when a mistake is made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing unintended damage to nearby organs or tissues.
  2. Misdiagnosis or Delayed Diagnosis: This happens when a healthcare provider fails to diagnose a condition correctly or in a timely manner, leading to a delay in treatment and potentially worsening the patient’s condition. For example, misdiagnosing cancer as a less serious condition.
  3. Medication Errors: These involve mistakes in prescribing or administering medication. Examples include prescribing the wrong medication, giving an incorrect dosage, or failing to consider potential drug interactions.
  4. Birth Injuries: Medical malpractice during childbirth can result in injuries to the mother or the newborn. Examples include improper use of delivery tools, failure to perform a necessary C-section, or inadequate monitoring of the baby’s vital signs.
  5. Failure to Treat: This occurs when a healthcare provider diagnoses a condition but fails to treat it adequately. For instance, not providing necessary follow-up care or not referring the patient to a specialist.

If you have experienced problems like these or other harm caused by a medical professional’s negligence while under their care, you may be a malpractice victim.

What Are Personal Injuries?

Personal injury refers to physical, emotional, or psychological harm suffered by an individual due to another party’s negligence, recklessness, or intentional misconduct. Personal injury law allows the injured party to seek compensation for the damages incurred by the responsible party. 

A plaintiff may have the right to pursue a personal injury claim when the following criteria are met:

  1. Duty of Care: The plaintiff must establish that the defendant owed them a duty of care. For example, drivers have a duty to operate their vehicles safely, and property owners have a duty to maintain safe premises.
  2. Breach of Duty: The plaintiff must demonstrate that the defendant breached their duty of care through negligent or reckless behavior. This could involve showing that the defendant failed to act as a reasonably prudent person would have in the same situation.
  3. Causation: The plaintiff must prove that the breach of duty directly caused their injury. This requires showing that the injury would not have occurred but for the defendant’s actions or lack of action.
  4. Damages: The plaintiff must provide evidence of actual harm or losses suffered as a result of the breach. This can include medical expenses, lost wages, pain and suffering, and other related costs.

Personal injury claims aim to restore the injured party to the position they were in before the injury occurred. This often involves financial compensation for the various types of harm suffered.

Because the criteria for personal injury claims are much broader than malpractice, many more scenarios could lead to successful claims. Common examples of personal injury claims include:

  1. Car Accidents: These occur when a driver’s negligence or recklessness causes a collision, resulting in injuries to other drivers, passengers, pedestrians, or cyclists. Examples include distracted driving, speeding, and driving under the influence of alcohol or drugs.
  2. Slip and Fall Accidents: These happen when an individual slips, trips, or falls due to hazardous conditions on someone else’s property. Common causes include wet floors, uneven surfaces, poor lighting, and lack of handrails.
  3. Product Liability: This involves injuries caused by defective or dangerous products. Manufacturers, distributors, and retailers can be held liable if their products cause harm due to design flaws, manufacturing defects, or inadequate warnings and instructions.
  4. Workplace Accidents: These are injuries that occur on the job due to unsafe working conditions, inadequate training, or employer negligence. Examples include falls, machinery accidents, and exposure to hazardous substances.

In general, if you have been harmed by a medical professional outside of a healthcare context, it is more likely that you have a personal injury claim than a malpractice claim. 

3 Key Differences Between Medical Malpractice and Personal Injury Claims

If you’ve been harmed by a medical professional or healthcare facility, the first step to pursuing justice is determining what type of claim you have. There are three key areas in which personal injury and medical malpractice claims differ:

1. Nature of the Incident

Medical malpractice specifically refers to the negligence of healthcare providers, including doctors, nurses, and medical institutions. It occurs within the context of medical treatment or healthcare services. Examples include surgical errors, misdiagnoses, and medication mistakes.

In contrast, personal injury claims cover a wider range of issues, including those unrelated to healthcare. These include car accidents, slip and fall incidents, product liability, and workplace accidents. The common factor is that the injury was caused by another party’s negligence or intentional actions. 

2. Legal Standards and Burden of Proof

Proving medical malpractice typically requires a higher standard of proof compared to general personal injury claims. This often involves expert testimony to demonstrate that the healthcare provider deviated from the accepted standard of care in the medical community.

Personal injury claims generally have a lower standard of proof. The plaintiff must show that the defendant’s negligence or recklessness caused their injury, but this does not usually require the same level of expert testimony as medical malpractice cases.

In addition, malpractice claims often have shorter statutes of limitations compared to other personal injury claims. This means that the time frame within which a patient can file a lawsuit is more limited, requiring timely action.

In contrast, the statutes of limitations for personal injury claims can vary widely depending on the type of incident and the jurisdiction. Some claims may allow for a longer period to file a lawsuit compared to medical malpractice claims.

3. Types of Damages Awarded

Both medical malpractice and personal injury claims can include compensation for “economic damages” or the financial losses someone experienced because of the harm they suffered. Economic damages can include medical expenses incurred as a result of the injury, such as hospital stays, surgeries, medications, and ongoing medical care. It can also include lost income due to the inability to work while recovering from their injuries.

Furthermore, both types of claims allow for compensation for non-economic damages, such as pain and suffering. This accounts for the physical pain and emotional distress caused by the injury. However, medical malpractice claims are subject to a cap on non-economic damages. In contrast, personal injury claims leave more room for discretion. 

Finally, punitive damages are awarded in cases where the defendant’s conduct was particularly egregious or showed a reckless disregard for the safety of others. These are more common in medical malpractice cases involving gross negligence. Still, they can also be awarded in personal injury cases with similar circumstances.

Understanding these key differences helps potential plaintiffs identify the appropriate legal path for their claims. Consulting with an experienced attorney, like those at Fiore Achermann, ensures that individuals receive the guidance they need to pursue their case effectively and secure the compensation they deserve.

3 Steps to Take If You Believe You Have a Claim

If you believe you have been harmed by a medical professional or facility, you may have a legal claim. Regardless of whether you have suffered malpractice, here’s what you can do to seek justice.

1. Seek Medical Attention

The first and foremost step is to seek immediate medical attention. Ensuring your health and well-being is the top priority. Prompt medical care not only helps in treating your injuries but also creates a medical record that documents the extent and nature of your injuries. These records are crucial pieces of evidence that can substantiate your claim.

Comprehensive medical documentation includes the initial diagnosis, treatment plans, follow-up visits, prescriptions, and any recommended future care. This information is vital for proving the connection between the incident and your injuries.

2. Collect Evidence

Clear documentation is crucial to determining the type of claim you may have. Work with your attorney to gather evidence such as:

  • Medical Records: Clear, detailed medical records are essential. They provide a clear picture of the injuries sustained, the treatments required, and the potential long-term impact on your health.
  • Accident Reports: If the incident involved law enforcement or workplace safety officials, obtaining copies of the official accident reports is critical. These reports often contain valuable information about the circumstances of the incident, contributing factors, and initial assessments of fault.
  • Witness Statements: Eyewitnesses can provide independent accounts of the incident, which can be invaluable in supporting your version of events. Collect contact information and statements from any witnesses as soon as possible while their memories are still fresh.
  • Photographic Evidence: Take photographs of the accident scene, your injuries, and any property damage. Visual evidence can be compelling in illustrating the severity of the incident and its impact.

3. Consult with an Attorney

Consulting with an experienced attorney is crucial to understanding the strength and viability of your claim. During an initial consultation, the attorney will review the details of your case, assess the evidence, and determine whether you have a valid claim.

Attorneys can provide expert guidance on the type of claim you should pursue (medical malpractice vs. personal injury) and the legal strategies that will be most effective. They can help you understand your rights, the potential compensation you may be entitled to, and the legal process involved.

An attorney will handle all aspects of your case, including filing paperwork, negotiating with insurance companies, and representing you in court if necessary. This allows you to focus on your recovery while ensuring that your legal interests are protected.

With their knowledge and experience, attorneys can help you secure the maximum possible compensation for your injuries. This includes calculating economic and non-economic damages, such as medical expenses, lost wages, pain and suffering, and any other related costs.

Taking these steps promptly and efficiently can significantly strengthen your case and improve your chances of a favorable outcome. Fiore Achermann’s experienced attorneys are equipped to guide you through every step, ensuring you receive the justice and compensation you deserve.

Legal Counsel for Injury Claims in California

Distinguishing between medical malpractice and personal injury claims is vital in protecting your rights and securing appropriate compensation. Legal counsel from Fiore Achermann can provide the expertise and support necessary to navigate these claims effectively. If you believe you have a claim, contact Fiore Achermann for a consultation today.