Understanding the Differences Between Medical Malpractice and Personal Injury Claims

Understanding the Differences Between Medical Malpractice and Personal Injury Claims in Las Vegas

When you’ve suffered harm due to someone else’s negligence, navigating the legal system can be overwhelming. In Las Vegas, two types of claims often arise in these situations: medical malpractice and personal injury. Although these legal claims share some similarities, there are crucial distinctions that you should be aware of. Understanding the difference between the two, as well as when they might overlap, can help you determine the right course of action if you’re injured.

What is a Personal Injury Claim?

A personal injury claim arises when someone is injured due to the negligence, recklessness, or intentional actions of another party. Common examples of personal injury claims include:

• Car accidents
• Slip and fall incidents
• Dog bites
• Defective products

In a personal injury claim, the injured party must prove that the other party acted negligently and that their negligence directly caused the injury. If successful, the injured person (plaintiff) may receive compensation for damages such as medical expenses, lost wages, pain and suffering, and more.

What is Medical Malpractice?

Medical malpractice is a type of personal injury case, but it specifically involves the negligence of a healthcare provider. This claim arises when a doctor, nurse, or other medical professional fails to provide the accepted standard of care, resulting in injury or death to a patient. Examples of medical malpractice include:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Medication errors
• Birth injuries

Medical malpractice claims tend to be more complex than standard personal injury cases. This is because the plaintiff must not only prove negligence but also show that the healthcare provider’s actions deviated from the accepted standard of care in their field of expertise.

Key Differences Between Medical Malpractice and Personal Injury Claims

While medical malpractice is a subset of personal injury law, there are important differences between the two types of claims:

1. Nature of Negligence
   In personal injury claims, negligence can occur in various settings and involve different types of behavior (e.g., a careless driver). In medical malpractice claims, the focus is on medical professionals and their failure to meet the expected standard of care in the healthcare industry.
2. Standard of Proof
   Medical malpractice cases typically require expert testimony to prove that the healthcare provider’s actions were below the standard of care. In contrast, many personal injury claims (such as car accidents) do not require expert witnesses to establish negligence.
3. Statute of Limitations
   In Nevada, the statute of limitations for personal injury claims is generally two years from the date of the injury. Medical malpractice claims, however, must be filed within one year after the injury is discovered or within three years of the negligent act or—whichever comes first.
4. Caps on Damages
   In Nevada, medical malpractice claims are subject to a cap on non-economic damages (e.g., pain and suffering) of $350,000. Personal injury claims, such as those resulting from car accidents or slip-and-falls, do not have such caps.

When Medical Malpractice and Personal Injury Claims Overlap

There are situations where a case might involve both a medical malpractice claim, and a personal injury claim. For example:

• Car Accident and Improper Medical Treatment:
  If you’re involved in a car accident and suffer injuries, you may file a personal injury claim against the at-fault driver. However, if you receive improper medical treatment for those injuries, you could also have grounds for a medical malpractice claim against the healthcare provider.
  
• Workplace Injury and Medical Negligence:
  In some cases, a worker injured on the job might receive inadequate medical care that worsens their condition. In this scenario, the worker might pursue a workers’ compensation claim for the initial injury and a medical malpractice claim against the negligent healthcare provider.

How Miller Personal Injury Attorneys Can Help

Both personal injury and medical malpractice claims seek to hold negligent parties accountable, but the legal processes for each are distinct. It’s essential to understand these differences, especially if you’re facing a situation where the two claims might overlap.

If you’ve been injured due to negligence in Las Vegas and have a personal injury claim, Miller Personal Injury Attorneys is here to help. We can evaluate your case and guide you through the complex legal landscape. Contact us today at (702) 330-0013 for a free consultation to discuss your legal options.