Difference Between Medical Malpractice and Personal Injury in Florida
Personal injury law encompasses various situations, medical malpractice being one of them. While medical malpractice is a subset of personal injury law, it is crucial to understand the difference between medical malpractice and general personal injury. Medical malpractice cases are distinct and often more complex. There are unique laws that govern medical malpractice actions. This makes finding the right attorney for your medical malpractice case very important. This article discusses the difference between medical malpractice and personal injury in Florida.
Medical Malpractice vs. Personal Injury
Personal injury law covers a wide range of incidents in which a person is injured because of another person’s negligence. To succeed in a personal injury case, the plaintiff must generally prove four elements;
- The defendant owed them a duty of care
- That duty of care was breached
- The breach directly caused them injury or harm
- They suffered actual damages as a result of the defendant’s negligence
The following are some common examples of personal injury cases in Florida;
- Motor vehicle accidents, including truck accidents, passenger vehicle accidents, motorcycle accidents, and pedestrian accidents involving vehicles
- Slip and fall accidents
- Defective products
A medical malpractice case is a type of personal injury case. Therefore, while all medical malpractice cases are personal injury claims, not all injury claims are medical malpractice claims.
Understanding Medical Malpractice
Medical malpractice arises when a healthcare provider deviates from the accepted standard of care and causes harm to a patient. It can take many forms, including the following;
- Surgical errors
- Failure to diagnose or misdiagnosis
- Medication errors
- Anesthesia errors
- Failure to obtain informed consent
- Negligent failure to treat or follow up
In these cases, the negligence must happen in the context of providing medical care, and the medical professional must fall below the professional standard expected in similar circumstances. In other words, they must act in a manner that another similarly situated medical professional would not act.
What Makes Medical Malpractice Cases Distinct?
While medical malpractice claims are a subset of personal injury law, they involve several elements that set them apart, including the following;
Expert Witness Requirement
Florida law requires plaintiffs in medical malpractice cases to present a sworn affidavit from a qualified medical expert before filing a lawsuit. The expert should state in the affidavit that there are reasonable grounds to believe that the medical professional deviated from the standard of care. While expert witnesses can be used in other personal injury cases, it is not required at the outset. For example, a car accident case can be filed without first obtaining expert support.
Providing Notice to the Defendant
Before a Florida medical malpractice case can proceed, Florida law requires the claimant to notify the medical professional of their intent to sue. This triggers a 90-day pre-suit investigation period.
Complexity in Proving Causation
Proving causation in medical malpractice cases often requires detailed medical records, expert testimony, and skilled legal representation, making these cases more time-consuming and costly than other personal injury cases.
Importance of Legal Representation
While you have the right to represent yourself in a medical malpractice claim, it is always best to hire an attorney because of how complex these cases can be.
Contact a Florida Medical Malpractice Lawyer
If you’ve suffered harm due to the negligence of a healthcare provider, contact our skilled Tampa medical malpractice lawyers at Gunn Law Group, P.A. for help protecting your legal rights and fighting for the compensation you deserve.
