Consider the following scenario: You trip and fall at the grocery store, which results in a broken leg. You want to get compensated for your health care costs and lost wages.
You realize that you would want to consult with a personal injury attorney to assist you with a claim against the supermarket. But in this same situation, you receive medical care from a doctor who uses an incorrect surgical device which makes your injured leg require an additional surgery. Suddenly, it occurs to you that you might need another type of attorney for your claim against the surgeon.
You ask around and realize that you want someone who specializes in medical malpractice. The differences between general personal injury and medical malpractice are obvious when you have been through a medical negligence case. These claims are extremely difficult, requiring extensive time, research and documentation. They also typically cost far more to litigate and to take to trial.
The following are other distinctions between these areas of practice:. Our dedication to the sole practice of this subset of personal injury is what makes us unique in medical malpractice law in Ohio. Call or contact us online to schedule a free initial consultation and discover how we can help your serious medical malpractice claim.
As a middle school math teacher might show it in a Venn diagram: Medical malpractice is a type of personal injury Both personal injury and medical malpractice law serve to correct a civil wrong when an individual is injured through no fault of his own. What medical malpractice and personal injury have in common Because medical malpractice is a type of personal injury, the two areas are very closely related. The following broadly outlines their surface similarities: Injured parties — Both practice areas are based upon seeking justice through the civil court system when someone has been injured due the actions or inactions of another party.
Civil tort law — Personal injury and medical malpractice both fall under civil law and torts. Monetary compensation — The method of justice sought is monetary compensation for economic and non-economic damages the injured party has suffered.
In personal injury law, the rate of success is much higher. This goes in line with how straightforward they can be, and also the admissions of fault. Medical malpractice is known for being extremely difficult to prove. The defense has a significant advantage. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior.
You can take heart in knowing there are talented and experienced lawyers ready to work for you. Please visit our website, www. This means medical malpractice is a type of personal injury case. However, so are car accidents, slip and fall accidents, product recalls and more. As such, personal injury is far wider in scope than medical negligence. A final thing to remember is that negligence does not always have to lie at the heart of a personal injury claim.
Strict liability exists on the manufacturers of products. Hence, rather than having to demonstrate negligence, you will have to demonstrate a product fault in order to file a personal injury claim. Additionally, a personal injury can be based on an intentional wrong. For instance, a battery suit can be a personal injury claim. You can also win a claim for false imprisonment if you are falsely accused of shoplifting.
While there is often a criminal element in these cases, the personal injury element will be held in tort or civil court. Medical malpractice is an element of personal injury law, and it is a highly defined element.
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