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How Medical Malpractice is Distinct from Personal Injury Cases

When many people discuss medical malpractice cases, they often fall under the general category of personal injuries. And although it is true that much of the process for a medical malpractice lawsuit is the same as for any personal injury case, there are a few other things to consider. Here are the main ways that a medical malpractice case stands out from personal injury cases in general.

Complicating Factors

When it comes to personal injury claims, the main factors involved are negligence and liability. If you received an injury because of someone else’s negligence, then you and your lawyer will need to explain how the party at fault was liable in that particular circumstance. That is why personal injury is a board category that can include everything from car accidents, slips and falls, to even dog bites. Medical malpractice cases also fall into this category, but there are a few different factors that make determining negligence and liability a bit more difficult. A doctor’s standard of care should be established, and that is the argument that a competent doctor in the same situation should not have made the same mistakes as the doctor in question. For medical malpractice cases, every detail needs to be examined to determine whether the doctor can be sued.

Admitting Fault

Another reason why most personal injuries are more straightforward than medical malpractice cases, in general, is because the person at fault will usually admit it. Even if the negligent party doesn’t come forward immediately, usually the evidence in a standard personal injury case is so obvious that either the person at fault will choose to settle or the case will wrap up more quickly than for medical malpractice. In the case of a doctor, however, they are much more apt to deny any mistakes because their entire career and reputation are on the line. For this reason, many doctors are also protected by the hospital they work under so that you can’t sue them directly. It will be a little more complicated trying to determine whether to address the doctor, hospital, or insurance company.

Rate of Success

Lastly, because of the factors mentioned above, there is a much lower rate of success for medical malpractice cases versus personal injury in general. In addition to resistance from the doctor, it is more difficult to find concrete evidence to prove that medical malpractice took place. But that is no reason to be discouraged. When you have a trusted legal team on your side, you still have a chance of getting the justice you deserve.

Contact The Snyder Law Firm Today

The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents, and have secured hundreds of millions in verdicts settlements*. Please visit our website, www.410thefirm.com, for more information and follow us on Facebook, Twitter, and LinkedIn.

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This entry was posted on Monday, April 13th, 2020 at 8:50 am. Both comments and pings are currently closed.

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