There are a lot of people who think that medical malpractice and personal injury are the same thing. The truth is that there are a number of differences between them that you need to know about. These differences will help you understand what each cover and where your case may fall.
Personal injury cases will generally have a wider scope than medical malpractice. However, medical malpractice cases are generally more complex. This is due to the fact that the plaintiff needs to demonstrate that the medical professionals or hospital were at fault. With a personal injury case, it is generally easier to determine this.
Issues In Dispute
With personal injury claims, there is generally a clear sign of who was negligent. The driver of the other car may have cleared rear-ended your vehicle causing your injuries. With medical malpractice cases, doctors and hospitals will generally fight very hard to deny any fault. It can also be harder to determine negligence because of the complexity of the medical procedures.
Medical negligence cases require the hiring of multiple expert witnesses to determine negligence. These witnesses will examine the medical records and provide an objective opinion on the case. Expert witnesses are generally not required with personal injury cases and will not cost as must to hire as medical negligence ones.
The Statute Of Limitations
The statute of limitations for personal injury claims will vary depending on the state. The statute of limitation for medical malpractice cases will generally be shorter than personal injury. In most cases, a patient will have one year from the time of injury to file a medical malpractice case while personal injury cases can be filed anywhere from 2 to 5 years after the accident. Of course, the exact times will vary on the case and the state.