Let’s say that you get hurt slipping and falling down some stairs at a party. Between the treatment and therapy involved, as well as any work missed, you’ll likely accrue a lot of medical bills.
However, your treatment goes awry. You end up with further damage to your injury at the hand of the doctors at the hospital, requiring surgery for a permanent fix. This increases your financial burden and anxiety about the situation.
Who’s to blame? Do you hire an attorney for a personal injury claim, or is this strictly medical malpractice? You could make a personal injury claim against the homeowner who hosted the party or file for medical malpractice against the doctor who caused you further injury.
The carelessness of someone else, i.e., the party’s host, in this case, could contribute to personal injury, anxiety, and emotional trauma, making your claim viable for a personal injury case. But the extension of your injuries by the doctor involved means it was the mistake of a medical professional and requires a medical malpractice attorney.
Sure, an attorney may have experience in both areas, but finding a specialized attorney with a high success rate is most beneficial. While medical malpractice is a personal injury, a personal injury does not directly involve medical malpractice, hence the separate attorneys. Hiring a personal injury attorney or a medical negligence attorney involves different sets of rules and standards.
Differences Between Medical Malpractice and Personal Injury
Personal injury is the harm, pain, or injury caused by the intentional action or inaction of another person or entity. It could involve a physical injury, emotional trauma, loss of income, and more. In New York, some of the most common personal injury lawsuits are automobile accidents and slip and falls.
Medical malpractice is a personal injury case that involves a failed treatment, a misdiagnosis, or an injury due to improper medical standards, procedures, or equipment. This occurs at the hand of a doctor, physician, nurse, or another medical assistant.
Some of the most common medical malpractice cases in New York include misdiagnosis, faulty lab results or reports, surgical errors, faulty medical equipment, and wrongful death.
While both personal injury and medical malpractice cases require a hefty time commitment, research, and documentation with an attorney, they are two separate areas of practice with important distinctions.
Claim Complexities
Personal injury and medical malpractice claims differ in the variety of areas and injuries they cover.
Personal injury claims can cover things like slip and fall accidents or animal bites. It is the legal duty of the property owner or animal owner to keep things safe for everyone.
They may not intentionally cause harm to others, but if something goes wrong, the person injured has every right to seek compensation. Workplace and automobile accidents also fall under personal injury, as they occur at the hand of other individuals or places.
Medical negligence covers different territory. Every detail of the incident is analyzed, from the initial doctor or hospital visit to the medical malpractice action itself.
Medical malpractice claims must be handled with care, as your attorney’s job is to prove that there was, indeed, medical negligence. This involves researching the relationship between the doctor and patient, possible negligence at the hand of the doctor or assistant, and the injuries sustained caused by medical negligence and how they affected or will affect the patient moving forward.
Admitting Fault
While both personal injury and medical malpractice cases involve someone being at fault for the injury of another, it doesn’t mean someone will actually admit fault in either case.
Typically in a personal injury case, the person who committed the harm or is at fault for the injury to another may admit fault. This makes the process much less complex than a medical malpractice case.
In a medical malpractice case, a doctor or physician has the backing and support of their hospital or office and insurance. They will deny any wrongdoing and draw the process out in doing so. Any accusation puts their career, the hospital’s reputation, and the insurance companies involved at risk, so they will not admit fault willingly.
From an attorney’s perspective, it can be difficult to prove who is at fault in a medical malpractice case as multiple parties can be involved.
Turn to Attorney Steve Newman for Your Medical Malpractice or Personal Injury Case
Licensed to practice law in state and federal courts in both New York and New Jersey, Attorney Steve Newman has represented clients in all 50 states for over three decades and is prepared to represent you in winning your case.
Practicing law in medical malpractice, personal injury, construction litigation, and more, Steve Newman utilizes an extensive network of board-certified physicians to analyze whether medical malpractice occurred.
Contact the Law Offices of Steve Newman today for an attorney committed to you and your claim.
