If you’ve been injured in Philadelphia because of someone else’s negligence, you can sue that person for what you’ve suffered as a result. However, suing over negligent medical care differs from suing a careless driver or property owner, for example.
Among the key differences between medical malpractice and personal injury claims are that medical malpractice cases involve analysis from expert witnesses, specific filing requirements, and more specific elements that you must prove in order to win.
Understanding the Difference Between Medical Malpractice and General Personal Injury Claims
The term “personal injury” can describe any injury that an individual suffers because of someone else’s carelessness, recklessness, or other legal fault. Examples include:
- Motor vehicle accidents
- Premises liability, like slip-and-falls
- Dog bites
- Product liability for defective products
Medical malpractice is a subset of personal injury law that involves negligence (a legal term for carelessness) by a healthcare professional. Examples include:
- Misdiagnosing or failing to diagnose a patient promptly
- Committing errors during surgery
- Administering the wrong type or amount of medication
Most personal injury claims are based on the reasonable person standard – that is, what a person of normal care and character would do in a given circumstance. For example, a reasonable person driving a car would signal before changing lanes. A driver who doesn’t could be considered negligent if they subsequently collided with another vehicle.
Medical malpractice claims, on the other hand, are based on the standard of care, or the treatment a professional of similar training and experience would render in the same circumstances. As an example, oncologists who notice a dark spot on a patient’s MRI should order follow-up tests. A doctor who fails to do so may be liable for medical malpractice if their patient’s cancer goes untreated as a result.
Specific Differences Between Medical Malpractice and General Personal Injury Claims
Here are specific medical malpractice vs personal injury distinctions:
- Unique filing requirements and procedures – Pennsylvania medical malpractice cases have procedural requirements not found in other personal injury claims. For example, a Certificate of Merit must be signed by a qualified medical professional and filed with the court before a medical malpractice lawsuit is permitted to proceed. Medical malpractice cases also rely more heavily on expert testimony than most other personal injury claims due to the complex facts involved.
- The statutes of limitations – Personal injury claims, including those involving medical malpractice, generally have a two-year filing deadline in Pennsylvania, according to Pa. C.S. § 5524. However, the discovery rule may extend the deadline in some cases – for example, when a patient doesn’t initially realize that an instrument was left inside them after surgery. In that case, the clock does not start ticking until the patient becomes aware, or reasonably should have become aware, of their condition.
- The type of insurance – Instead of ordinary liability insurance, healthcare providers carry professional medical malpractice insurance designed to cover claims involving negligent medical care.
How Our Experienced Philadelphia Medical Malpractice Lawyers Can Help You
Now that you understand personal injury vs. medical malpractice lawsuits a little better, it’s time to get help on your unique medical malpractice case. The law firm of Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, P.C., can handle your medical malpractice case while you treat your injuries and recover physically and emotionally.
Contact us today for your free consultation with one of our experienced medical malpractice attorneys.
