If you've suffered harm due to a doctor or hospital, is it a personal injury or medical malpractice case? The two may seem similar but involve very different legal rules and procedures.
What Is Medical Malpractice?
Medical malpractice is a type of personal injury case that arises from a healthcare provider’s negligence or error that causes harm.
Common Examples:
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Misdiagnosis or delayed diagnosis
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Surgical errors
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Birth injuries
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Wrong medication or dosage
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Lack of informed consent
Key Differences from General Personal Injury Cases:
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Expert Testimony Required: Medical experts must testify about the standard of care.
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Shorter Deadlines: Some states require notice of intent to sue within months.
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Caps on Damages: Many states limit how much you can recover in non-economic damages.
Legal Process:
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File a notice of claim (required in some states)
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Obtain a certificate of merit
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Present expert opinions
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Proceed to discovery or settlement
When It's NOT Malpractice:
Just because a treatment fails doesn’t mean malpractice occurred. There must be provable negligence.
Bottom Line:
If your case involves a doctor or medical facility, speak with a malpractice attorney — not just a general injury lawyer.
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