If you’ve been injured, knowing whether your case falls under medical malpractice or personal injury law is essential. While both types of claims involve negligence, they are handled differently in California courts, and the evidence required for each is unique.
At Hillstone Law, we help clients navigate the complex differences between these two types of claims to ensure they pursue the maximum compensation available.
What Is a Medical Malpractice Claim?
A medical malpractice case arises when a health care professional—such as a doctor, nurse, surgeon, or hospital staff member—fails to provide treatment that meets the accepted standard of care, resulting in harm to the patient.
To prove medical malpractice, your attorney must show that:
- A doctor–patient relationship existed
- The provider breached the accepted standard of care
- This breach directly caused your injury
- You suffered damages as a result
Because these cases are complex, your lawyer may work with expert witnesses to review your medical records, evaluate the care you received, and testify about how the provider’s actions (or inactions) fell short of professional standards.
Examples of Medical Malpractice
Common forms of malpractice include:
- Surgical errors (such as operating on the wrong body part)
- Misdiagnosis or delayed diagnosis
- Prescription medication errors
- Failure to order proper tests
- Defective medical equipment use
- Laboratory mistakes
- Birth injuries
- Failure to monitor a patient’s condition
These mistakes can lead to catastrophic injuries such as paralysis, brain damage, infertility, or wrongful death.
What Is a Personal Injury Claim?
A personal injury claim involves harm caused by someone else’s negligence or recklessness in a non-medical context. Unlike malpractice, personal injury cases don’t require proving a medical standard of care but instead focus on showing that another person or entity failed to act with reasonable caution.
Common Types of Personal Injury Cases
- Car accidents caused by reckless or distracted driving
- Slip and fall accidents on unsafe property
- Defective product injuries
- Animal attacks, such as dog bites
- Physical assaults
To win, your attorney must prove that:
- The other party owed you a duty of care
- They breached that duty through negligence
- Their negligence directly caused your injuries
- You suffered damages, such as medical bills, lost wages, or pain and suffering
Key Differences Between Medical Malpractice and Personal Injury
| Factor | Medical Malpractice | Personal Injury |
|---|---|---|
| Who Can Be Sued | Doctors, nurses, hospitals, or other medical providers | Drivers, property owners, product manufacturers, etc. |
| Proof Required | Must show breach of medical standard of care | Must show negligence or recklessness |
| Use of Experts | Almost always required | Often helpful but not always necessary |
| Examples | Misdiagnosis, surgical error, medication mistake | Car accidents, slip and falls, dog bites, assaults |
| Complexity | Typically more complex and harder to prove | Generally less complex, though still challenging |
Why Having an Attorney Matters
Both medical malpractice and personal injury cases can involve high stakes and aggressive defense strategies from insurance companies. At Hillstone Law, our attorneys will:
- Review your medical and accident records
- Work with expert witnesses to prove negligence
- Calculate the full value of your damages, including long-term costs
- Negotiate with insurers for a fair settlement
- Take your case to trial if necessary
Contact Hillstone Law Today
If you or a loved one has been injured due to a medical error or another party’s negligence, don’t navigate the legal system alone. Contact Hillstone Law today for a free consultation. We’ll help you determine whether your case falls under medical malpractice or personal injury—and fight to secure the compensation you deserve.
