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:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Birth injuries
- Wrong medication or dosage
- Lack of informed consent
Key Differences from General Personal Injury Cases:
- Expert Testimony Required: Medical experts must testify about the standard of care.
- Shorter Deadlines: Some states require notice of intent to sue within months.
- Caps on Damages: Many states limit how much you can recover in non-economic damages.
Legal Process:
- File a notice of claim (required in some states)
- Obtain a certificate of merit
- Present expert opinions
- 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.