Medical malpractice and personal injury law have some key similarities and differences. However, when you need a lawyer, it is essential to understand which type of law your case falls under. Otherwise, you could accidentally hire a lawyer who is inexperienced in the type of case you are pursuing.
When you or a loved one have been injured, you may be wondering what you can do to be compensated for your losses. When you’re looking to get legal advice, the first step is to determine what kind of lawyer you need so that you can find someone experienced in the field.
To determine what type of lawyer you need, it’s important to understand how personal injury and medical malpractice compare:
Personal Injury Law
Personal injury law is also called tort law. It is meant to protect you if you or your property is harmed because of someone else’s actions or inactions. Personal injury law can be subdivided into separate specialized classifications, most commonly:
Medical Malpractice Law
Is medical malpractice personal injury law?
Medical malpractice is a specialized subdivision of personal injury law. So, while all medical malpractice is personal injury law, not all personal injuries are medical malpractice.
Medical malpractice refers to negligent actions committed by a health care provider which breached the standard of care in their field and ultimately caused injury to their patient. To successfully prove medical malpractice in Maryland, you must show that:
If your medical malpractice lawyer can prove these four elements, you may have a successful medical malpractice claim. If you are successful in proving these elements, there are two types of damages you can claim:
You may be wondering how medical malpractice and personal injury are different when medical malpractice is the cause of personal injury. While medical malpractice is a type of personal injury law, there are some key factors which differentiate medical malpractice from general personal injury law.
Medical malpractice an offshoot of personal injury or tort law. It may be confusing whether your case is personal injury generally or if it is included in medical malpractice because of the similarities in the types of claims. Some of those similarities include:
While there are similarities, the differences can help you determine which type of lawyer would be best suited to handle your case. For example:
If you have been injured by a negligent party and have real injuries, you may need to hire a lawyer to help you recover damages. Now that we’ve gone over the differences between personal injury and medical malpractice, here are some indications to help you decide which type of lawyer is best for your case:
You might need a personal injury lawyer if you were injured by someone’s negligent actions. Examples of when you may need a personal injury lawyer include:
Some cases blur the line between personal injury and medical malpractice. If you are unsure how to categorize your claim, it is best to reach out to a medical malpractice law firm, as they will be familiar with both types of law. If your claim falls under personal injury, they may still be able to help.
You might need to consult a medical malpractice lawyer if your injuries were caused by a medical professional while you were under their care. Examples of medical professionals who can be involved in a medical malpractice lawsuit include:
D’Amore Personal Injury Law has a specialized team of personal injury attorneys and medical malpractice lawyers ready to analyze your legal claim. If you are unsure whether your claim is classified as personal injury or medical malpractice, you can rest assured knowing that our law firm can confidently handle both types of claims. We have an experienced team of legal professionals within both specializations ready to discuss your case, answer your questions, and outline your legal options. Contact us today to arrange your free consultation.
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When you are injured because of someone else’s negligence, your world could be turned upside down. You deserve compensation from them,