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If you’re injured by someone’s carelessness, you may be entitled to compensation. Personal injury law covers all injuries caused by careless negligence and misbehavior, while medical malpractice focuses on wrongs committed by those in the medical profession. One of the most common objections that potential plaintiffs have to file a personal injury claim is the fear that they will be subject to medical malpractice litigation.
Personal injury lawsuits are very different from medical malpractice lawsuits because they are based on a different statute of limitations and are handled by a different agency. However, when it comes to liability, both actions can overlap and be difficult for those wrongly accused to combat. Indeed, in many states, defendants in malpractice suits often raise the statute of limitations or similar issues that are raised in personal injury claims. Medical malpractice is a subset of personal injury action. Like other personal injuries, medical malpractices fall under negligence law. When the other party breaches a standard of reasonable care and causes known harm, they are liable for damages if they fail to meet the required legal standards.
Definition of Personal Injury Claim:
A personal injury claim is a form of civil action in which one party (the plaintiff) takes legal action against another for damages that resulted from an incident or series of actions. Personal injury claims can include medical malpractice and other forms of negligence, but they also extend to other situations, such as consumer issues, defective products, and more. The plaintiff might be able to seek compensation if they were injured or suffered damages as a result of another party’s actions. Personal injury cases are based upon the theory of liability, which states that a person or company who causes injury must be held responsible regardless of intention. Personal injury claims can also include significant economic damages, but they don’t necessarily involve physical harm.
Definition of Medical Malpractice:
Medical malpractice is a common form of legal action that seeks damages to compensate the injured party for injuries that result from the negligent or wrongful act or omission of a medical provider. Medical malpractice is one of the most frequent causes of injury in the United States, and it can happen at any stage of health care. A few types of medical malpractice claims include:
1. Physician negligence – The act or omission by a physician that caused injury or death, where no other form of action exists and where liability may be presumed.
2. Medical device negligence – The act or omission of a medical device or its manufacturer that caused injury or death, and the victim has not initiated legal action against the manufacturer.
3. Hospital negligence – The act or omission by any hospital employee, including but not limited to anesthesiologists, nurses, respiratory therapists, and others with direct patient care contact who caused injury or death, also applies to negligent administration of medical treatment, such as prescription drugs.
4. Birth injuries – No action was taken by the healthcare worker to cause injury or death, but negligence contributed to the incident.
5. Unsanitary conditions – The failure of a medical facility to maintain sanitary conditions, resulting in infection and/or disease that causes injury or death.
Is Trial Compulsory?
In most states, the parties are free to settle personal injury claims out of court. When they do not do so, the case is submitted before a judge or jury, who will decide if the defendant is liable for injuries suffered by the plaintiff. Personal injury trials can be agonizingly long and costly to both sides. They can also force those involved to face horrific memories or present graphic evidence that could traumatize them again. Because of these factors, many potential personal injury claimants elect not to take their claims to trial. In some cases, they can avoid the legal system altogether by seeking a settlement with the defendant. Depending on the terms of that agreement, it is ultimately up to the plaintiff whether he/she chooses to proceed with litigation or sue in a court of law.
As important as it is for individuals to be confident that their claims are truly legitimate and have merit, meeting a prospective legal adversary head-on is often anxiety-inducing. This may lead to a litany of uncomfortable questions and remarks and an eventual outburst. In such cases, people who have been wronged by another frequently become defensive and begin to lash out in anger. If a personal injury claimant begins making false allegations, however, this can be disastrously detrimental. For example, if the injured party claims that someone intentionally caused him/her harm when that person was not at fault, it could be construed as a lie.
Making a personal injury claim is one of the most difficult decisions that a victim can face. It can be just as hard to admit guilt and accept responsibility for causing harm. However, this much is certain where there is a victim. There is likely to be an aggressor. While personal injury cases can be messy and ugly, they are necessary when lives are turned upside down by the negligence of others.
If you have been a victim of a personal injury or were injured while under a doctor’s care and want to know your options, refer to this link to start a free strategy session with a law firm handling injury cases.