Medical Malpractice is incorporated in personal injury law. However, it can be a bit trickier than most cases. These two terms have similarities, particularly in situations wherein someone gets injured as a result of negligence.
Here is a quick and easy rundown of the two.
In general (though this may still vary depending on the US state), personal injury is considered as tort claim, which means that the two main issues here are liabilities and damages. A claim will be deemed valid when the defendant is proven responsible of the injury, given that the damages have been elaborated by nature and significance.
Also, you need to prove that the injury occurred has been a result of a negligence by a third party. Remember that everyone has a duty of care in different situations and if their duty has been breached and results to injury, you are entitled for a compensation for this situation.
Personal injury can be based on negligence, so medical malpractice is considered under this category, which also includes car accidents, product recalls, and slip and fall accidents.
In a study released by the Journal of the American Medical Association, medical malpractice is the third leading cause of death in the United States. The research also revealed that around $3 billion was spent for cases of medical malpractice since 2012.
In legal definition, a medical malpractice occurs when a health care professional or provider does not follow the “recognized standard of care” when attending or treating a patient. The “recognized standard of care” is defined as what medical provider should be expected to do or not to do in specific situations. When a person can point out that a medical provider has neglected the duty of care, a medical malpractice case can be made.
Know You Rights, Make Your Claim
Personal injury, whether from medical malpractice or other causes, is never a pleasant ordeal. If you or your loved ones are going through one right now, then you are entitled to make a claim. For a highly reputable name in legal guidance, Mike Warner of the Warner Law Firm is here to help you step by step here in Amarillo or anywhere else. Call Today for a FREE Consultation.