Types of Legal Claims and their Differences

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1. Medical Malpractice vs. Personal Injury: What is the Difference?
2. What is Personal Injury?

REVIEWED BY

C. William Kenny

March 03, 2025

Board certified by National Board of Trial Advocacy

Medical Malpractice vs. Personal Injury: What is the Difference?

When it comes to legal claims, two types that often overlap are medical malpractice and personal injury. Both involve harm caused by someone else’s negligence, but they are distinct in several important ways. If you have been injured and are considering legal action, it is important to understand the difference between the two in order to pursue the right kind of case.

What is Personal Injury?

Personal injury refers to any injury caused by the negligence or wrongful conduct of another person. It covers a wide range of incidents, from car accidents, slip-and-fall accidents and even dog bites. Essentially, if someone else’s actions or failure to act lead to your injury, you may be able to pursue a personal injury claim.

In a personal injury case, the plaintiff (the injured person) must prove that the defendant (the person responsible for the injury) was negligent and that this negligence caused harm. The injuries sustained can be physical, emotional or psychological, and compensation is typically sought for medical expenses, lost wages, pain and suffering and other damages resulting from the injury.

Common examples of personal injury cases include:

• Car accidents
• Workplace injuries
• Slip-and-fall accidents
• Defective products
• Assault and battery

What is Medical Malpractice?

Medical malpractice is a specific type of personal injury that involves a healthcare professional’s failure to provide the standard of care expected in their field, resulting in harm to a patient. It occurs when a doctor, nurse, surgeon or any other healthcare provider fails to meet established medical standards and this failure leads to injury, illness or death.

In a medical malpractice claim, the plaintiff must show that the medical professional’s actions were below the standard of care. This standard is typically established by expert testimony from other healthcare professionals in the same field. Medical malpractice claims are often more complex than typical personal injury cases due to the need for specialized knowledge of medical practices and procedures.

Examples of medical malpractice include:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Medication errors
• Birth injuries caused by medical negligence
• Failure to obtain informed consent before a procedure

Key Differences Between Medical Malpractice and Personal Injury

While both medical malpractice and personal injury claims seek compensation for harm caused by negligence, the primary difference lies in the nature of the injury and the standards of care involved.

1. Nature of the Case: Personal injury cases cover a broad spectrum of incidents, including car accidents, falls and product liability, while medical malpractice is specifically related to healthcare and medical treatment.
2. Standard of Care: In personal injury cases, the standard of care is based on what an average person would do in a similar situation. In contrast, medical malpractice cases require establishing what a reasonable healthcare provider would do in a similar medical situation. This often involves expert testimony to determine whether the healthcare professional’s actions were below the accepted standard of care.
3. Complexity: Medical malpractice claims are often more complex than personal injury cases due to the need for specialized medical knowledge. Expert witnesses are usually required to establish how a medical provider’s actions deviated from the standard of care and caused harm to the patient.
4. Statute of Limitations: Both personal injury and medical malpractice cases have time limits, known as statutes of limitations, within which a claim must be filed. However, these time limits differ. 
5. Damages: In both types of cases, plaintiffs can seek compensation for medical bills, lost wages, pain and suffering and other related expenses. However, medical malpractice claims may involve more significant damages, especially if the injury resulted in long-term disability or death due to a doctor’s error.

Why Does It Matter?

Understanding whether your case is a personal injury or medical malpractice claim is crucial for several reasons. The legal procedures, required evidence and expert testimony needed for each type of case are different. Medical malpractice cases often require more in-depth investigation, expert witnesses and knowledge of healthcare laws. Working with an attorney who specializes in the specific type of claim you are pursuing is important for the best possible outcome.

Recovering Compensation 

While both medical malpractice and personal injury claims are about seeking justice for harm caused by others, the key difference lies in the type of harm and the standards involved. If you were injured due to someone else’s negligence, contact the attorneys of Berger and Green for a free case evaluation.