Medical Malpractice Vs. Personal Injury: How Are They Different?
When you or a loved one gets hurt because of someone else’s actions, exploring different legal options should be your first step. You’ve probably heard of personal injury and medical malpractice cases by now. Each type of case affects your legal options to get compensated for your injuries. If you’re unsure which claim to file, learn more about the differences between these two and which would fit your situation best.
How Does A Medical Malpractice Claim Work?
Medical malpractice happens when a healthcare professional causes their patients harm by not meeting the basic standard of care in their field. To file a malpractice claim, you’ll need to have evidence that proves these four main elements:
- A professional duty owed to the patient
- Breach of duty
- Injury caused by the doctor’s actions
- Proof of actual damages
How Does A Personal Injury Claim Work?
Personal injury claims cover injuries due to someone else’s negligence or intentional actions outside of a medical setting. Common examples include:
- Car accidents
- Slip and falls
- Workplace injuries
- Dog bites
- Motor vehicle accidents
You’ll need to demonstrate the defendant’s duty to ensure safety, the breach of that duty, the main cause of the injury, and proof of your injuries for your claim to be successful. This involves submitting police reports, witness statements, and receipts of any injury-related expenses.
How Is Personal Injury And Medical Malpractice Different?
Both claim types center on a defendant’s negligence. However, medical malpractice specifically addresses professional healthcare errors, and you’ll generally need more extensive evidence, such as an expert medical witness. On the other hand, personal injury is much broader and generally more straightforward evidence requirements. Due to their differences, the legal strategies you use will change significantly.
When To Pursue A Medical Malpractice Or Personal Injury Claim
Pursuing a medical malpractice or personal injury claim depends on how you were injured. Medical malpractice would be the most likely route if your injuries stem from a medical procedure or in a medical setting. But if you got hurt in an accident or an unsafe condition, a personal injury claim would be more appropriate. Some cases overlap, so always consult a lawyer to evaluate your case and decide on the best course of action.
File Your Claim Today
No matter the nature of your injury, seeking professional legal advice is essential to seeking justice. If you’ve been injured and unsure about which type of claim to pursue, our team of dedicated New York attorneys specializes in personal injury and medical malpractice claims. We’ve helped plaintiffs across Nassau County, Suffolk County, and all five boroughs of New York City for over 60 years. Our lawyers can help you through the legal process, protect your rights, and ensure you get the compensation you deserve. Please contact us online or at (866) 442-0513 to learn more about our services or to schedule a free case review with one of our legal experts today.