Should My Claim be Filed as a Personal Injury or Medical Malpractice?

Medical malpractice is one of the most common causes of death nationwide. According to the Journal of the American Medical Association, approximately 106,000 Americans die from some improperly prescribed or administered medication. From 2009-2018, the state of Texas paid over $945 million in medical malpractice lawsuits. Unfortunately, the reality is that some patients may be unaware they have been the victim of medical malpractice and will never see justice for their injuries.

Are you wondering: should my claim be filed as a personal injury or medical malpractice lawsuit? If you suspect that you or a loved one have been injured due to the negligence of a surgeon, doctor, nurse, or other medical provider, the state of Texas protects your right to sue for fair compensation. However, the specifics of your injuries will determine whether you file a personal injury or medical malpractice lawsuit.

While a medical malpractice lawsuit is a category of personal injury lawsuit, it often requires a more complicated legal process and a higher burn of proof. Because of this, victims who do not act according to the advice of an experienced injury lawyer are unlikely to receive the justice they deserve. If you are unsure whether to file a personal injury or medical malpractice claim, first consult with a qualified attorney.

A personal injury claim is a general category of lawsuit seeking compensation for injuries caused by negligence or wrongful action. Personal injury lawsuits cover a wide range of injuries including commercial vehicle accidents, landlord negligence, daycare abuse, and many others.

Some characteristics of personal injury lawsuits include:

• Legal simplicity
• Clear liability for injuries
• More likely to result in fair compensation for injuries

However, if your injury was specifically incurred during the course of medical treatment, your San Antonio injury lawyer may suggest that you file a medical malpractice lawsuit rather than a general personal injury lawsuit.

According to Chapter 75 of the Texas Civil Practice and Remedies Code, “medical malpractice” is defined as “treatment, lack of treatment, or other claimed departure from standards of medical care, or health care, or safety or professional or administrative services directly related to health care, which proximately results in injury to or death of a claimant.”

Characteristics of a medical malpractice lawsuit:

• Legal complexity
• Disputed liability
• Affidavit from physician
• Testimonies of medical experts
• Lower success rate of receiving compensation for injuries

Because of the complexities of medical malpractice suits, it is important to consider the question of representation carefully. Look for personal injury lawyers who specialize in medical malpractice law and have successfully represented malpractice victims in the past.

Are you unsure if your injuries qualify as medical malpractice? The following examples are some of the most common situations that lead to medical malpractice lawsuits:

• A specialist failing to diagnose a serious illness
• A nurse improperly administering medication
• A surgeon administering unnecessary surgery
• A gynecologist damaging nerves during birth
• A nursing home professional neglecting their elderly charges

If you were injured by the negligence of a medical professional but your injuries do not fall under the above categories, contact a qualified personal injury lawyer to establish your eligibility.

If you are looking for quality representation for your medical malpractice suit, the attorneys at Carabin Shaw can help. We are proud to offer no-cost, no-obligation case reviews to victims of medical malpractice. If you’d like to schedule your consultation, call our office toll-free at 800-862-1260. To hear from our hundreds of satisfied clients, review Carabin Shaw’s client reviews page.