Preparing to file an insurance claim or lawsuit because of an injury you endured means fully understanding the difference between medical malpractice and personal injury claims.
- A medical malpractice liability claim refers to a form of personal injury that allows you to pursue a health care professional for injuries they caused you to suffered due to medical neglect or error. In a medical malpractice claim, your lawyer must prove that your physician or other health care provider did not meet the expected standard of care during your treatment per the stipulation of Florida Statutes § 766.102. difference This definition establishes the difference between medical malpractice and personal injury.
- A personal injury claim refers to a civil lawsuit allowing you to pursue someone when their recklessness or negligence leads to physical injuries. In a personal injury claim, your lawyer must prove that the at-fault party acted or refused to act in a way that caused you to suffered bodily injuries.
A lawyer can help you determine the type of lawsuit you should file and the amount of compensation you may expect to receive. Contact Ben Crump Law, PLLC at 800-730-1331 for a free consultation.
Proving Your Claim of Medical Malpractice
If you suffered injuries in a hospital-like setting, the ability to prove the actions of the medical professional led to your injuries remains essential to filing a medical malpractice lawsuit. Your lawyer may establish your medical malpractice claim in a variety of ways.
Your lawyer may seek out qualified experts to examine your medical records and review the treatments you received. An expert witness may also help to determine whether your health care team’s treatment and service given to you met the acceptable standard of care.
Your medical malpractice lawyer may examine evidence and provide documentation that establishes the accepted standard of care under Florida Statutes § 766.102. Your lawyer may also provide proof that the lack of acceptable medical care and treatments or a misdiagnosis led to your injuries. While some personal injury lawyers also handle medical malpractice claims and lawsuits, not all of them have the experience and resources to do so. For this reason, it is best to find an attorney with a proven and successful track record of such cases.
Proving Your Personal Injury Claim
Although there is a difference between medical malpractice and personal injury claims, both types of claims may result from someone else’s negligence. A car accident, a defective product, or a physical assault can all lead to a claim for the personal injuries they cause.
Your lawyer must prove another person had a responsibility to exercise reasonable care in the way they treated you. Your lawyer must also prove their irresponsible or negligent actions caused your injuries.
Being injured through no fault of your own should not create a difficult financial situation for you or your family. The person who caused your injuries should pay your injury-related expenses. The law entitles you to recover certain expenses that you incurred as a result of a personal injury, including lost income, medical expenses, and pain and suffering. Your lawyer can explain the options you have for fair financial recovery.
For a free legal consultation, call 800-730-1331
Types of Medical Malpractice Errors and Claims
A medical malpractice claim can result from a number of negative physical results you suffered due to professional negligence. Florida Statutes § 766 defines the types of “catastrophic injuries” that fall under medical malpractice. Claims of injuries due to medical malpractice may include short-term and long-term paralysis, amputated limbs, severe brain damage, and treatment-related infertility. According to the National Institutes of Health (NIH), there are medical mishaps that lead to medical malpractice claims. Hospital errors that may constitute medical malpractice can include:
- Prescription medication errors
- Surgical errors
- Missed diagnoses
- Delayed diagnoses
- Faulty medical equipment
- Errors in lab results and reports
Discuss your original medical condition and your current medical condition with your lawyer. Share all relevant medical records with your lawyer, who may identify the important difference between medical malpractice and personal injury when filing your claim for financial compensation.
Types of Personal Injury Claims
Car accidents can lead to physical injuries that have the potential to leave you with temporary or permanent disabilities. Additional causes of personal injuries include:
- Slip and fall accidents in a retail store or on a sidewalk
- Injuries suffered while using a faulty or defective consumer product
- A bite from an attack by a dog or other animal
Many other types of accidents can lead to personal injuries that make it difficult for you to return to work to support yourself and your family. Discuss the circumstances of the accident or incident that led to your injuries with a personal injury lawyer.
The Right Lawyer Will Explain the Difference Between Medical Malpractice and Personal Injury
Knowing that you have the right to file a lawsuit against someone who injured you helps you take the first step in seeking compensation. You also need to understand the type of lawsuit you should file thus you need to know the difference between medical malpractice and personal injury claims. A lawyer can play an important part in helping you understand the difference between medical malpractice and personal injury.
Contact Ben Crump Law, PLLC at 800-730-1331 for help deciding what kind of case to file, whom you may file it against, and the possible financial payout you may receive.