Is Medical Malpractice a Personal Injury Lawsuit? What’s the Difference?

If you or a loved one have been negatively impacted as the result of poor or inadequate medical care, you have rights. Medical malpractice and personal injury laws can protect you and your loved ones and help you recover damages if you have been wronged during a medical treatment.

Is Medical Malpractice a Personal Injury Lawsuit?

Yes, medical malpractice is a type of personal injury lawsuit. Individuals who experience a negative healthcare outcome due to the negligence of their healthcare provider or providers can file a medical malpractice personal injury lawsuit in civil court.

While medical malpractice is a type of personal injury lawsuit, it has a different burden of proof from general personal injury cases. For example, in a medical malpractice case, a plaintiff must prove that a provider-patient relationship had been established and that the medical provider violated medical standards of care. This burden is not always necessary in a general personal injury case.

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is a legal action filed in civil court against one or more individuals or companies who have caused damage as a result of their negligence, unsafe actions, or maliciousness. The at-fault party (the defendant) acted in a way that caused harm to the person or persons who filed the lawsuit (the plaintiff). The harm may have caused or led to:

Physical injury
Mental stress
Medical bills
Loss of income
Property damage

In the lawsuit, the plaintiff seeks personal injury compensation to cover the cost of the damages they incurred as a result of the harm caused.

There are many branches of personal injury lawsuits. Each requires a unique barrier of proof. Auto accidents, slip and falls, premise liability, workplace accidents, product liability, assault and battery, and medical malpractice are types of personal injury cases.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the acceptable standard of care for a patient and their substandard care harms the patient. A medical malpractice case is a type of personal injury lawsuit that seeks to hold the at-fault healthcare provider responsible.

A successful medical malpractice lawsuit must meet four barriers of proof.

Duty: The plaintiff must prove the defendant had a duty to provide care that was established through a provider-patient relationship.
Deviation: The plaintiff must prove the defendant deviated from standard practices of care.
Direct Cause: The plaintiff must prove the defendant’s deviation of standard care practices directly lead to injury or harm to the patient.
Damages: The plaintiff must prove the injury or harm led directly to physical, financial, or emotional damages.

A personal injury attorney with experience in medical malpractice cases will be able to determine if a case meets the barriers of proof and is worth pursuing. If you think you may have a medical malpractice case, talk to an experienced personal injury attorney right away.

What Consists of Medical Malpractice?

Medical malpractice occurs when a patient has sustained harm due to the negligence of a healthcare provider. Common medical malpractice cases may include:

Misdiagnosis
Failure to diagnose
Improper or inadequate testing
Improper medication administration
Procedural mistake
Surgical error
Lack of informed consent
Insufficient care
Lack of follow-up care

Patients trust medical providers to meet specific standards of care. If you feel you were not treated with adequate care or treatment, you may have a medical malpractice case.

What Is the Statute of Limitations on Medical Malpractice

The statute of limitations on medical malpractice cases differs by state. Florida Statute 95.11(4)(b) says medical malpractice cases must be filed within two years of the incident that led to harm, but there are some exceptions.

In some cases, the statute of limitations is extended to within four years of the incident that led to harm if the harm did not immediately present itself after the inadequate care.

Find a Personal Injury Lawyer For Medical Malpractice

“Is medical malpractice a personal injury lawsuit?” is just one of the many questions people have when dealing with the effects of a medical treatment gone wrong. Make sure you get answers to all of your questions.

Talk to a personal injury attorney who has experience in medical malpractice and can answer your questions and guide you down the best legal path for your situation.

TJ Grimaldi is a personal injury attorney with experience fighting for clients who have been wronged. If you think you have a case against a medical provider, schedule a consultation to review your case. All consultations are 100% free so you have nothing to lose by sharing your story. See how TJ can use his experience to help you or a loved one receive the damages you deserve. Schedule your consultation or call 813-226-1023 now.

Call us now: (813) 226-1023