Medical malpractice and personal injury are related areas of law that are often confused – and the distinction matters enormously when deciding what type of attorney to hire and what rules apply to your case.
What They Have in Common
Both medical malpractice and general personal injury cases involve someone being harmed by another party’s negligence. Both allow injured people to seek compensation for medical bills, lost income, pain and suffering, and other damages. And both are handled on a contingency fee basis by most plaintiff’s attorneys.
What Makes Medical Malpractice Different
The Standard of Care
In a standard personal injury case (like a car accident), the defendant is judged against what a reasonable person would have done. In medical malpractice, the defendant – a doctor, nurse, hospital, or other healthcare provider – is judged against the professional standard of care: what a reasonably competent healthcare provider in the same specialty would have done in the same circumstances.
Expert Witnesses Are Required
Medical malpractice cases almost always require expert medical testimony to establish that the provider deviated from the standard of care and that this deviation caused the patient’s injury. This makes malpractice cases significantly more expensive and complex to litigate than standard personal injury cases.
Shorter Statutes of Limitations
In most states, the statute of limitations for medical malpractice is shorter than the general personal injury deadline – often one to two years, compared to two to three years for most personal injury cases. Some states apply a “discovery rule” that starts the clock when the injury is discovered rather than when it occurred, but the deadlines are still tight.
Damage Caps
Many states impose caps on non-economic damages in medical malpractice cases – limiting awards for pain and suffering to a specific dollar amount. These caps do not apply in most other personal injury cases.
Pre-Litigation Requirements
Some states require plaintiffs to submit a notice of intent to sue, obtain a certificate of merit from a qualified medical expert, or participate in pre-litigation screening panels before filing a malpractice lawsuit. These requirements do not exist in standard personal injury cases.
Choosing the Right Attorney
Because medical malpractice is so specialized, it is important to find an attorney who focuses specifically on malpractice cases – not a general personal injury attorney who handles a malpractice case occasionally. Look for attorneys with medical malpractice-specific experience and established relationships with qualified medical experts.