A personal injury claim arises when one party injures another party, typically through misconduct such as negligence (carelessness). A medical malpractice claim arises when a health care provider, typically a doctor or a hospital, injures another party through misconduct. Therefore, medical malpractice is a type of personal injury claim.
Following is a very general overview of how personal injury claims work.
You can divide personal injury claims into several different types—negligence (the most common), strict liability, intentional torts, and vicarious liability.
To win a negligence claim, you must prove the following five elements:
You will lose your claim if you fail to prove even one of these elements. If you prove them all, however, you can recover both economic and non-economic (pain and suffering) damages.
“Strict liability” means liability without fault – or, at least, liability without proving fault. For example, Texas courts can hold a defendant liable for abnormally dangerous activities, such as storing explosives at a fireworks shop. If an explosion injures someone, the owner is liable, no matter how careful they were.
Picking a fight and beating someone up at a nightclub is an example of an intentional tort (battery).
In a vicarious liability claim, one party bears liability for the conduct of another. The most common example is the fact that the law holds employers liable for injuries caused by the misconduct of their employees.
Following is a list of various forms of personal injury claims based on the accident or incident that gave rise to them:
A wrongful death claim arises when the victim dies from a personal injury. Strictly speaking, however, a wrongful death claim is not a personal injury claim.
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Following are some of the more salient characteristics of medical malpractice claims.
The elements of a medical malpractice claim are the same as they are in other kinds of negligence claims (assuming the claim is based on negligence). These elements apply differently for a medical malpractice claim, however, in certain respects:
Unfortunately, medical malpractice is a major cause of death in the United States.
Following is a list of some of the more common types of medical malpractice:
This list of errors is far from exhaustive.
Following is a summary of how medical malpractice cases and typical personal injury cases differ from each other. They are not the only differences.
Medical malpractice claims tend to be more scientifically complex than other types of personal injury claims. Exceptions exist, however. For instance, many product liability claims are also scientifically complex.
Medical malpractice claims almost always rely on expert testimony. Expert testimony is usually not required for more typical personal injury claims. Typical personal injury claims rely on eyewitnesses, police reports (in settlement negotiations). Medical malpractice claims, by contrast, almost always rely on medical records.
Too many medical malpractice lawsuits result in higher malpractice insurance premiums, costs which doctors pass on to patients through higher health care expenses. In response, Texas has established a barrier to discourage frivolous lawsuits.
In Texas, you must notify the defendants in writing of your intent to file a lawsuit at least 60 days in advance. Your notice must include written authorization for the release of your confidential healthcare records.
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If you suspect you might have a personal injury claim, especially a medical malpractice claim, consult with a qualified lawyer ASAP. Navigating the waters of personal injury law is not a task that you should even attempt to undertake alone. Since most Austin personal injury attorneys work on contingency, you can hire them with no upfront costs – and they only get paid if you do. Reach out to FVF Law at (512) 982-9328 to schedule a free consultation.
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