Medical malpractice is the third leading cause of death in the United States, according to a recent study by Johns Hopkins. A newer study published in the New England Journal of Medicine found that nearly one in four patients admitted to U.S. hospitals suffer harm due to medical errors. The impact of medical negligence can be devastating for both patients and their families. Given the complexity of these cases, having skilled and experienced legal representation is essential.
While medical malpractice claims are a subset of personal injury law, they are generally more complex than typical personal injury cases (like car accidents, dog bits, and slip and fall cases). They require proving that a healthcare provider failed to meet the standard of care, not just that someone acted negligently. This almost always involves expert medical testimony and a deep understanding of technical medical and legal issues.
Medical Malpractice vs. Broader Personal Injury Cases
While most medical professionals strive to provide safe and effective treatment, errors can and do happen. Understanding the most common types of medical malpractice can help patients stay informed, recognize potential issues, and take appropriate steps if they suspect wrongdoing. The most common types include:
- Brain & Spinal Cord Injuries
- Surgical Error
- Misdiagnosis
- Birth Injury
- Medication Error
- Wrong-Site Surgery
- Retained Foreign Objects
Personal injury claims often involve incidents such as car accidents, slips and falls, defective products, or injuries sustained in the workplace. Medical malpractice claims are more narrowly focused on harm caused by medical errors or negligence, including misdiagnosis, surgical mistakes, medication errors, or birth injuries.
The parties being sued also differ between the two types of cases. In personal injury claims, defendants might include drivers, property owners, employers, manufacturers, or even government entities. In medical malpractice cases, the defendants are typically doctors, nurses, hospitals, or other healthcare providers and institutions.
Another callout between these case types is the burden of proof, a requirement to determine if your claim is valid based on evidence. In personal injury cases, it must be shown that the defendant had a duty of care and breached that duty, directly causing harm. In medical malpractice, it must be demonstrated that the healthcare provider failed to meet the standard of care expected in the medical community and that this failure resulted in injury.
Recognizing these distinctions can help you decide whether your situation calls for a personal injury lawyer or a medical malpractice attorney. If you’re uncertain, speaking with an experienced lawyer can provide clarity and ensure you’re taking the appropriate legal steps.
Understanding the Roles of Medical Malpractice vs. Personal Injury Attorneys
A personal injury lawyer advocates for individuals who have suffered harm as a result of someone else’s negligence, carelessness, or intentional actions. Their primary objective is to secure financial compensation on behalf of their clients for losses, including medical bills, lost income and emotional suffering.
All medical malpractice lawyers are personal injury lawyers, but not all personal injury lawyers specialize in medical malpractice. A medical malpractice lawyer specializes in representing patients who have been harmed by healthcare providers due to negligence. These cases involve proving that a doctor, hospital, or medical professional failed to meet the accepted standard of care, resulting in harm.
When pursuing legal help after an injury, it’s crucial to recognize the distinction between personal injury lawyers and medical malpractice lawyers. Although both deal with negligence cases, the legal procedures and standards involved can differ greatly.
How to Respond When Medical Malpractice Affects a Loved One
No one expects to become a victim of misdiagnosis, negligence, or medical malpractice. After supporting hundreds of clients through similar experiences, we understand that pursuing legal action can feel overwhelming and even uncomfortable. The legal process may seem lengthy and complex. If you’re considering a medical malpractice lawsuit, Bell Law is here with the guidance and resources you need to move forward with confidence. Here are key steps to follow:
- Seek Immediate Medical Attention: If you suspect a medical error caused or contributed to your injury, get an independent medical opinion as soon as possible.
- Gather Medical Records and Evidence: Documentation is crucial. Request your medical records, test results, surgical notes, and any other relevant information.
- Consult a Medical Malpractice Attorney: A lawyer with experience in medical negligence cases can help assess whether malpractice occurred and what legal options are available. It’s important to seek out a team with trial experience, like Bell Law Firm.
- File a Legal Claim: If malpractice is evident, pursuing a claim can help recover compensation for medical expenses, lost wages, pain and suffering, and long-term rehabilitation costs.
Bell Law Firm: Fighting for Georgia Families Harmed by Medical Malpractice
Medical malpractice cases are highly complex and demand legal representation with specialized expertise and a history of success. Bell Law Firm has consistently demonstrated its ability to hold dangerous medical professionals accountable, securing justice for patients and their families.
If you or a loved one has been harmed by medical malpractice, Bell Law Firm is here to help—contact us today for a free case evaluation.