Law

Personal Injury Vs Medical Malpractice

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People often get confused between the terms personal injury and medical malpractice. While both involve getting injured because of someone else’s fault, there are significant differences between them. To get compensation for your damages, you must know what type of case you have. 

Filing the wrong claim can result in rejection or delay the case. If you have got injured in Wyoming, consult with an attorney to discuss your case. 

What is a personal injury claim?

When you get injured because of someone’s neglect, it is known as a personal injury case. Here, you must prove to the court that the other party was at fault for your damages. For this, you must produce various types of evidence, such as medical reports, CCTV footage, witnesses, images of the accident, etc. In a personal injury claim, you must be able to prove that the defendant had a duty of care but failed to provide it. 

Personal injury cases have various types. These include slip and fall, product liability, car accidents, defamation, and medical practice.

What is medical practice?

As we have stated above, medical malpractice is an element of a personal injury claim. However, they have different components. Medical malpractice occurs when a healthcare worker does not maintain the recognized standard of care when treating a patient. If you suffer injuries due to a medical error, you can apply for a medical malpractice claim. 

In a medical malpractice claim, you and your attorney must prove that the expected standard of care was not met during your treatment or surgery. However, simply not getting a positive outcome from treatment does not count as medical malpractice. In some cases, there is nothing a doctor can do to make the patient better, and in some cases, it is the patient’s fault that causes the hazard. 

What do personal injury and medical malpractice cases have in common?

Since medical malpractice is an element of personal injury, there are various similarities between them. They are as follows. 

Civil tort law: Both the cases fall under civil law and tort.

Compensation: The victim of either case is allowed to file for injury compensation. 

Injured parties: Both cases involve a party getting injured because of the other party’s negligence. 

Non-economic damages: You can get non-economic damages in both personal injury and medical malpractice cases. These may include lost wages, loss of career, pain, and suffering, etc. 

Knowing that you have the right to seek compensation helps in staying calm in difficult times. A lawyer can help you take the proper steps and gather essential evidence to prove it. 

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