Personal injury law is a broad category of the U.S. legal system that encompasses multiple negligence-based situations. Although medical malpractice falls under the general personal injury law umbrella, and both are examples of civil tort law, key distinctions make finding the right attorney to manage your case crucial.
At The Bruner Law Firm, we understand that while all medical malpractice attorneys are personal injury attorneys, not all personal injury attorneys have the skills and experience to pursue medical malpractice cases. Medical malpractice cases tend to be complicated and highly fact-specific, meaning you need to work with an attorney who understands the nuances of malpractice law.
If you believe you may be the victim of medical malpractice, contact our Panama City office today and request a free case evaluation.
Key Differences Between Medical Malpractice and Personal Injury
Personal injury law is an area of the legal field that allows victims of accidents caused by careless parties to seek compensation for their injuries in civil court. Personal injury cases cover everything from car accidents to dog bites. Medical malpractice is type of personal injury case. While most personal injury and medical malpractice are cases based on carelessness leading to the harm of another person, that is generally where the similarities end.
A personal injury case stemming from a car accident typically involves proving that the other driver violated their duty to operate their vehicle safely due to speeding, distracted driving, or some other careless action, causing an accident and injuries. Medical malpractice is unique because a case hinges on proving that a medical practitioner provided a substandard level of medical or patient care, harming a patient. That means the practitioner failed to provide care that a similarly trained and experienced practitioner would have provided under the same circumstances.
Medical malpractice cases are different because they are generally more involved and complicated than personal injury cases. Proving that another driver was impaired during a crash can be relatively straightforward. Proving that a medical provider provided substandard care, violating the duty of care in treating their patients, is more challenging and requires significant evidence, such as medical documentation and expert witness testimony.
Applicable Laws
Another difference can involve Florida’s statute of limitations on medical malpractice vs. injury lawsuits. Florida law gives accident victims two years from the accident date to file a personal injury lawsuit. The same is usually true for medical malpractice cases, as well. The legal deadline to file a medical malpractice lawsuit is two years from the date of injury OR from the date you discover or should have reasonably discovered the injury.
One of the starkest differences between medical malpractice and personal injury cases is how Florida treats compensation. Florida does not cap economic or non-economic damages (compensation) on personal injury cases. It only imposes a cap on punitive damages for gross misconduct to three times the amount of compensatory damages or $500,000. Medical malpractice settlements are different. Florida law limits non-economic damages, like compensation for pain and suffering, to $500,000 in medical malpractice cases that cause injury and $1 million in cases that involve a fatality.
How to Determine if You Have a Medical Malpractice or Personal Injury Claim
Do you have a personal injury lawsuit or a medical malpractice lawsuit? Understanding the difference can be confusing since medical malpractice is a personal injury case. All medical malpractice cases are personal injury cases. Not all personal injury cases are medical malpractice cases.
Generally, you can file a personal injury lawsuit when another party’s careless actions or inactions cause an accident, and that accident directly caused your injuries and measurable losses. Common types of personal injury claims include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Dog bites
- Slip-and-fall accidents
Medical malpractice cases depend on proving that a medical provider or facility’s careless actions or inactions caused significant injuries and measurable losses.
However, errors and undesirable outcomes do not necessarily point to medical malpractice. No doctor or facility can give every patient the outcome they desire. But if the provider or facility fails to provide the appropriate level of medical care, that action or lack thereof constitutes medical malpractice. If a medical provider or facility provided you with substandard medical care that led to injury and measurable losses, you may have a valid medical malpractice case.
It is always best to let an experienced medical malpractice attorney review your situation to determine whether you have a personal injury claim or medical malpractice case.
Common Mistakes in Personal Injury and Medical Malpractice Claims
The actions of a careless party are what lead to personal injury claims. Some of the careless actions and mistakes that cause personal injury accidents can include:
- Distracted driving
- Impaired driving
- Fatigued driving
- Speeding
- Failure to yield
- Failure to follow posted traffic signs and signals
- Failure to reasonably maintain one’s property
- Failure to resolve tripping or slip-and-fall hazards
- Failure to address workplace dangers
- Defective car parts, devices, or products
Medical malpractice cases involve a different and specific set of circumstances where the actions or inactions of a medical professional fail to meet medically accepted care standards. Situations that can trigger a medical malpractice case can involve:
- Surgical errors
- Anesthesia errors
- Medication errors
- Prescription drug errors
- Misdiagnosis
- Delayed diagnosis
- Failure to diagnose
- Failure to treat
- Unnecessary surgeries or treatments
- Laboratory errors
- Procedural errors
Distinguishing the differences between the conditions for a personal injury case and a medical malpractice case is essential and can significantly impact the direction of legal action.
Talk to a Panama City Medical Malpractice Attorney About Your Case
To achieve the most favorable outcome possible for your situation, you need to turn to an experienced and knowledgeable Panama City medical malpractice attorney. Our legal team at The Bruner Law Firm understands the challenges and intricacies of Florida medical malpractice cases. We want to help you effectively handle your situation and find strategic solutions for pursuing maximum compensation.
Call our Panama City office today at (850) 243-2222 or contact us online to speak with a team member and arrange a free consultation with a Florida personal injury lawyer to learn more about your case and available legal options.
