While personal injury claims and medical malpractice are similar in many respects, they differ in significant ways. Please continue reading as we explore the differences between these cases and how our experienced Westchester County Medical Malpractice Attorneys can help you fight for the justice you deserve.
What is the Difference Between Medical Malpractice and Personal Injury?
Medical malpractice claims arise when a healthcare provider’s negligence or omission in their professional duties directly causes harm to a patient. This type of negligence can manifest in various forms, including misdiagnosis, surgical errors, improper medication administration, inadequate follow-up care, or failures in managing a patient’s health condition.
Establishing medical malpractice in New York requires demonstrating that a recognized standard of care existed, the healthcare provider deviated from this standard, the deviation directly caused the patient’s injury, and the patient suffered actual damages as a result. Due to the complexities involved, medical malpractice cases often necessitate the testimony of medical experts.
A personal injury claim, on the other hand, is a much broader area of tort law encompassing a wide range of situations where an individual suffers harm due to the fault of another party. Unlike medical malpractice, which is specific to healthcare, personal injury claims can stem from incidents such as auto accidents caused by a driver’s neglgience, slip-and-fall incidents resulting from property owner’s failure to maintain a safe environment, defective products that cause injury to consumers, workplace accidents due to inadequate safety measures, and dog bites.
To succeed in recovering compensation, the injured party typically needs to prove that the other party acted carelessly or recklessly, that their actions directly led to the injury, and that the injured party incurred damages as a direct consequence. The evidence required can vary significantly depending on the type of personal injury claim. For instance, a collision might focus on traffic laws, while a product liability case could involve demonstrating a design or manufacturing defect.
What is the Statute of Limitations?
It’s important to understand that the statute of limitations is different for personal injury and medical malpractice claims in New York. The statute of limitations for most personal injury claims is typically three years from the date of the injury. However, for medical malpractice, the statute of limitations is two years and six months from the date of the alleged malpractice or the last date of medical treatment.
At Hausman & Pendzick, we understand how overwhelming these matters can be. Our legal team can help you understand your rights and navigate the complexities of the legal process. If you need an effective attorney to fight for the compensation you deserve, contact our firm today.