When someone is injured due to the carelessness or negligence of another person, that person might have a personal injury claim. Personal injury lawyers can help in many different types of injury cases. When someone is injured due to medical negligence or a medical error, some personal injury lawyers might be qualified to handle the case, but not all. In a case of medical negligence, you will need a medical malpractice lawyer.
Medical malpractice is a category within personal injury law but requires specialized knowledge and experience. In other words, all medical malpractice lawyers are personal injury lawyers, but not all personal injury lawyers are medical malpractice lawyers.
What Do Medical Malpractice and Personal Injury Have in Common?
First, we’ll start with what these areas of law share. Medical malpractice is a category of personal injury, and some similarities include:
- Injured victims: Either type of case starts with an injury to someone. The injured victim then needs to seek a financial remedy through an insurance claim or lawsuit.
- Tort law: Both types of cases are civil matters, meaning they do not fall within criminal law. They are based on the theory of tort law, which allows injured victims to seek compensation due to negligence by someone else.
- Financial compensation: In each case, the goal is the same – monetary compensation to address the injured victim’s full scope of damages.
Medical malpractice is a type of personal injury, and either claim will seek to right a wrong through financial relief to the injured victim.
Key Difference Between Medical Malpractice and Personal Injury
The critical differences between medical malpractice and personal injury make it essential that you hire a lawyer with experience handling medical malpractice cases. Some of the points where the two types of legal practice differ include:
- The complexity of the case. Personal injury claims can cover a wide variety of injuries. However, they can be more straightforward in solving and reaching a settlement. Medical malpractice claims deal with care in a medical setting and can involve highly complex medical procedures, terminology, and expert opinions.
- Issues in the case. Negligence is the foundation of both personal injury and medical malpractice. However, negligence is often admitted in a personal injury case, or at least simpler to prove. Think of a driver running a red light and hitting another car. This is a far cry from proving that a doctor failed to use the proper procedures and care expected of them by the medical community. Medical malpractice defendants will fight back on the issue of negligence in every single case.
- Affidavit of merit requirement. Unlike standard personal injury cases, Illinois medical malpractice cases require an affidavit from a physician stating the defendant’s negligence caused injury. Illinois law on this issue creates a major hurdle that other personal injury claims do not have.
- Expert witnesses. Expert testimony is usually required to prove a medical malpractice case in court. While some personal injury cases benefit from the use of expert witnesses, they are not always required to obtain a verdict or settlement. Medical malpractices typically require an expert to testify that the provider’s actions fell below the medical community’s standard of care.
- Statute of limitations. The deadline to file a personal injury claim in Illinois in most personal injury cases is 2 years from the date of the accident. This is usually straightforward after a car accident, for example. The Illinois statute of limitations for medical malpractice is also 2 years but can vary depending on when the medical negligence was discovered.
- Odds of success. Many personal injury claims have fairly high odds of obtaining a financial settlement through proof of negligence and damages. Medical malpractice cases are fiercely fought, challenging to prove, and time-consuming. Statistically, the odds of a financial payout in a medical malpractice claim are lower than in most personal injury cases. This highlights the importance of choosing wisely and hiring a lawyer with extensive experience not just in personal injury law but also in medical malpractice specifically.
Given these differences, it’s crucial to work with an experienced lawyer who specializes in medical malpractice to navigate the intricacies of such claims and ensure the best possible outcome.
Contact the Chicago Medical Malpractice Law Firm of Zayed Law Offices Personal Injury Attorneys for Help Today
If you or a loved one were injured due to medical malpractice in Chicago, Illinois, you could have a legal claim. However, you don’t want to trust your claim to any personal injury lawyer. You want a Chicago attorney with a proven track record of success in medical malpractice cases.
For more information, please contact the experienced Chicago personal injury lawyers at Zayed Law Offices Personal Injury Attorneys today. We offer free consultations.
We proudly serve Cook County, Will County, Kendall County, and its surrounding areas:
Zayed Law Offices Personal Injury Attorneys – Chicago Office
10 S La Salle St STE 1230, Chicago, IL 60603
Phone:(312) 726-1616
Hours: Open 24/7
Our firm is located near you. We have an office in Chicago
Find us with our GeoCoordinates: 41.8815493,-87.6327515
Zayed Law Offices Personal Injury Attorneys – Joliet Office
195 Springfield Ave, Joliet, IL 60435
Phone: (815) 726-1616
Our firm is located near you. We have an office in Joliet
Find us with our GeoCoordinates: 41.5254295,-88.1381011
