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Personal Injury vs Medical Malpractice

If you have been injured and are planning to file a lawsuit or claim it is important to know the difference between personal injury and medical malpractice. They both however fall under the personal injury law category. 

 

Personal injury revolves around negligence (vehicular or bike accidents). The lawyer’s job is to make sure that the person being accused is held responsible for all damages caused. You must clearly explain what occurred and the extent of the damages caused by the accused. It is also important that the attorney shows that the injury happened due to the other party being irresponsible. The injured party has the right to be compensated for what occurred. It is important to check with your state regarding personal injury claims since every state has different laws pertaining to personal injury. 

 

Here are a few cases pertaining to personal injury: 

  • slip and fall accidents
  • vehicular and bike accidents
  • assault and battery 
  • poor road maintenance 
  • construction sites 
  • dog bites & animal attacks 
  • faulty products
  • things left where others can trip

 

Medical Malpractice falls under the personal injury claim umbrella. According to a study done by Johns Hopkins, medical malpractice is the third leading cause of death behind cancer and heart disease. Over 200,000 people die each year because of medical malpractice. Medical Malpractice is when a healthcare or medical professional fails to follow the proper standards when it comes to caring for the patient thereby causing injury to them. Like a personal injury claim, an attorney must prove that the provider was being negligent in the situation by not providing you with the standard of care expected. The attorney can also provide that being the lack of medical care and treatments are what led to the injuries you suffered. Like every claim, in order to be compensated there must be clear example of negligence involved. 

 

These cases are typical types of medical malpractice: 

  • surgical errors
  • misdiagnosis
  • failure to treat 
  • failure to diagnose
  • anesthesia errors
  • emergency room errors
  • faulty medical equipment 
  • delayed diagnosis 
  • errors in lab results and reports
  • prescription medication errors

If you have been injured in an accident and would like to file a claim, call the Law Firm of Cohen and Cohen for a free consultation. Since 1970, the Law Firm of Cohen and Cohen has been representing hundreds of South Floridians who have suffered from any sort of personal injury. Do not hesitate to call. Pick up the phone and call today.

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