You may be wondering what type of lawyer you need if you have been harmed by a doctor’s negligence. In such cases, it’s important to understand the difference between a medical malpractice lawyer vs. a personal injury lawyer. Although medical malpractice is a subset of personal injury law, medical malpractice lawyers and personal injury lawyers each have their own body of knowledge and require a distinct skill set.
Since medical malpractice claims involve healthcare standards, medical terminology, and the professional standard of care, they are often much more complex than standard personal injury matters. Both types of lawyers handle negligence claims within the civil tort system. However, the evidence required, the procedures, and legal process associated with them are often very different.
A personal injury lawyer represents victims who have been harmed by the negligence, carelessness, or recklessness of another. They assist victims with obtaining financial compensation for the losses they suffered due to the wrongdoer’s actions, including medical expenses, lost wages, out-of-pocket costs, and pain and suffering. Their goal is to help make the victim “whole” by securing their monetary recovery and holding the defendant accountable.
One of the big differences between a medical malpractice vs. a personal injury are the types of cases they handle. Common cases a personal injury lawyer might handle can include the following:
The role of a personal injury lawyer typically involves engaging in vigorous negotiations with the insurance companies to achieve a settlement. However, if a settlement cannot be reached through negotiations, a personal injury lawyer must have the proficiency to take the case to trial. In the courtroom, they must be able to prove that the defendant’s failure to act as a reasonable person in the same circumstances caused the victim’s injury.
A medical malpractice lawyer is similar to a personal injury lawyer in that they share the goal of securing monetary compensation for a victim harmed by negligence. Medical malpractice lawyers specifically handle cases involving medical negligence (as opposed to ordinary negligence) which can require complex expert testimony to establish. They must be familiar with the current medical standards, hospital protocols, physiology, and know how to depose medical professionals. In addition, medical malpractice lawyers must know how to interpret extensive medical records, understand medical terminology, and navigate the legal procedures associated with proving a medical professional deviated from the accepted standard of care.
Medical malpractice can arise in many ways. Some common cases medical malpractice lawyers handle can include:
Medical malpractice matters are often lengthier and more nuanced than standard personal injury matters, making them more challenging to win. They are also more expensive to litigate due to the need for multiple expert witnesses. But, when a case is successful, jury verdicts can reach into the millions. This is why it’s crucial to have a lawyer who focuses on medical malpractice matters and knows what it takes to prevail when you have suffered an injury caused by a medical professional’s negligence..
While the types of cases a medical malpractice lawyer vs. personal injury lawyer handle may be different, both types of lawyers still share many of the same responsibilities when representing clients. They each investigate the accident that caused your injury and collect the evidence necessary to build a solid claim. They can help you navigate the legal process associated with your specific case from start to finish, including filing pleadings, making motions, conducting discovery, and taking depositions.
Each type of lawyer will also be familiar with the time limits in place to assert a claim and whether any exceptions might apply in a specific case. In Washington, the deadline to file a claim for both personal injury and medical malpractice is generally three years. Victims of medical malpractice and negligence have two years to commence a lawsuit in Oregon. These timeframes can sometimes be extended by the discovery rule, the statute of repose, or a victim’s incapacity. A medical malpractice lawyer vs. personal injury lawyer will know how to determine the applicable deadline in your case and ensure you do not miss the opportunity to seek a legal remedy.
Whether you’ve been harmed by a medical professional’s carelessness or ordinary negligence, a knowledgeable lawyer can make all the difference to the outcome of your case. Serving Oregon, Washington, and Idaho, the Fraser Law Firm is dedicated to helping victims of negligence and medical malpractice secure their rightful compensation. Contact the Fraser Law Firm today to schedule a free consultation and learn how we can help.
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