Personal injury versus medical malpractice?
3 attorney answers
Medical negligence and medical malpractice are the same thing. To make the claim you must show that a healthcare provider did something wrong or failed to do something that a another doctor/provider of the same type would have done AND that this failure to comply with the standard of care caused the patient compensable damages.
You need experts to prove it. And contrary to the prior answer, just because a doctor does something that the insurance won’t cover, does not change it from a malpractice claim. Malpractice is just one type of personal injury claim. Of course, if a doctor punches you in a bar fight, that’s not malpractice. But if he hits you in his office in an effort to render treatment, it will be.
See an attorney.
Best of luck to you.
Attorney Rebekah Ryan Main – visit us on the web at www.Main-Law.com
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This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.
This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.
I am not licensed in CA and can provide you only with general advice. First, yes medical neglgience and medical malpractice are different terms for the same type of legal claim. If a medical provider acts in a way that is below the standard of care by giving advice - and you suffer injury as a result - there may be a cause of action that is medical malpractice. In many states, and I don't know if CA is one, the original wrongdoer is responsible for subsequent malpractice by another because medical malpractice is foreseeable. However, if your damages are not extensive you may spend more than you could recover. In medical malpractice cases you must retain a medical expert to testiy and explain the error(s) to the jury.
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The term medical malpractice is a conclusion based on the evaluation of particular facts and the the standard of care required of physicians. Proof of malpractice is very complex and normally much more than the small claims courts are able to determine based on limitations of time and the requirement of expert testimony. Personal injury as you use it is an intentional act, and as such would not be covered by the doctor's malpractice insurance. You need to take your facts to a medical malpractice attorney in Santa Barbara, together with your records and have your particular matter evaluated. Thinking that you will bring a medical malpractice claim or a personal injury claim by yourself is not realistic.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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