Difference Between Medical Malpractice and Personal Injury

June 10, 2019

Medical Malpractice:

It stands out as part of personal injury. Nonetheless, say you get hurt, deformed, or get any part of your body mistakenly altered by medical personnel during treatment, it is filed as “Medical Malpractice”.

In other words, medical malpractice is staked as medical mistakes on the part of the health workers. By the way, see here for the best medical malpractice lawyer in Austin.

Personal Injury:

This claim allows you to pursue a third party when an injury occurs on the account of their negligence. It could arise from accidents, health care, carelessness, and negligence all triggered by a third party.

Similarly, the third party is liable for damages caused by Medical Malpractice and Personal Injury.

Plus, litigation for both subjects is resolved under Civil Law & Torts. And they involve monetary compensation eventually.

Having reviewed a report of both subjects, here lie the differences between Medical Malpractice & Personal Injury:

  • As earlier revealed, medical Malpractice is a type of Personal Injury. However, it exclusively deals with damages connected with medical and hospital care, and they often ignite the nuances of complicated medical cases.

On the other hand, personal injury is wider in outlook and is not usually very complicated.

  • While both subjects require monetary compensation for damages done [by the third party], Medical Malpractice claims could lead to the death or physical debilitation of the victim.
  • In a case of Dispute & Litigation, negligence is admitted and penalties are met in many personal injury claims. This is usually because the accused seems indefensible. Especially in cases where the incident occurred at the sight of eyewitnesses, the accused might suffer a while of objective testimonies from high witnesses.

Gavel and stethoscope. medical jurisprudence. legal definition of medical malpractice. attorney. common errors doctors, nurses and hospitals make.

On the other hand, Medical Malpractice is usually arguable and deniable on the part of the medical personnel involved. This is because there may be no expert eyewitnesses at the scene, to narrate the turnout of the whole event.

Plus, the medical personnel involved could cite a medical reference in defense of the claims raised against him.

Thus, personal injury claims are much more expensive and often difficult to pursue due to the cost of providing objective eyewitnesses and shreds of evidence.

Also, due to the complexities involved in medical malpractice claims, there is a massive success rate for personal injury cases than the former.

Plus, the difficulties in medical malpractice underscore the need for an attorney with extensive experience and knowledge of medical affairs.

  • Statute of Limitations:

For personal injury claims, the time limit is usually two years or a little beyond. In states like Ohio, it is boldly two years.

On the other hand, the time limit for medical malpractice claims is strictly a year.

In other words, the victim has a year to file a suit for medical negligence. However, if death is involved due to medical negligence, a two-year time frame to seek redress is allowed.


In both cases of medical malpractice and personal injury:

Get a certified lawyer and attorney, who will help in a great deal of consultation and legal advice, as well as professional representation in court.

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