Medical Malpractice v/s Personal Injury – Major Differences You Should Know

The terms “medical malpractice” and “personal injury” are often used interchangeably because lawyers often work to make a connection between the two. But each has its unique meaning. In general, it is an egregious act of negligence or misconduct by healthcare practitioners that causes harm to a patient. For example, these acts may be negligent in passing along information, failing to renew correctly, or causing infection, among other things. Personal injury occurs when someone else causes you harm while you are not working as part of your job (as in a car accident). 

  • Proving Your Claim of Medical Malpractice:

Medical malpractice is often difficult to prove. First, it must be verified by people that the error was not accidental but instead deliberate. Since there are so many cases of botched surgeries and faulty diagnostics, it is harder to make a life-altering mistake in healthcare than in other areas where mistakes are made more frequently. The truth is that some medical errors happen because of the intricacies of human biology, the amount of work involved in bringing a patient to life, or because a mistake occurred in one part that was corrected by people later in another section. But even then, it may be hard to prove such acts were deliberate since they may have been caused by an underlying physiological or psychiatric disorder.

  • Prescription medication errors:

 Prescription medication errors are often the direct result of medical negligence. It may be caused by a pharmacist’s failure to check against an existing drug interaction, a physician’s failure to order tests to find an allergy, or even a nurse’s failure to provide the correct essential information. Medical malpractice is often difficult to prove because doctors can’t be expected to know every case. Many harmful mistakes in prescription medication come forward when patients are asked if they have had any bad reactions after taking the drugs, and they mention that their doctor did not warn them of specific side effects. 

  • Proving Your Injury Claim:

In most personal injury claims, the fault lies solely on another party’s negligence or other dangerous acts. However, in medical malpractice cases, there may be questions that people cannot answer as to whether or not an error was made deliberately. In addition, with an extensive legal system in place to protect doctors and their rights to practice medicine without being sued, blame can be placed by people on you for the shortcomings of another. You can easily prove your claim with the help of an experienced attorney like San Antonio. Few cases of medical malpractice make it through court because most victims want a settlement rather than a drawn-out trial.

  • Slip and Fall Accidents:

Although more than a million medical malpractice cases occur yearly, most are not as complex as personal injury situations. For example, in addition to faulty tests or medications that may cause infections and other health complications, physicians are prone to making mistakes when performing surgeries or diagnosing illnesses. These mistakes commonly involve sedation in adults and intravenous drugs in infants. But many less common mistakes cause accidents, such as those that occur from misusing surgical equipment, failing to secure cables in diagnostic machines, or failing to warn children about dangers such as an adult’s pelvic exam.


In conclusion, two medical malpractice cases may appear the same for many reasons. But in most cases, it is difficult to determine if that person’s error was deliberate or caused more by negligence than anything else. The critical point is to make sure you are getting what you pay for and that there are no hidden fees or charges added on when you sign up with a healthcare provider.

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