What Separates a Medical Malpractice Claim From a Personal Injury Claim?

Personal injury cases in Georgia and elsewhere are a category of tort claims filed against an at-fault party by an individual who suffered harm due to the responsible party’s careless, reckless, or wrongful actions. A medical malpractice claim is a subset of personal injury law that follows a similar process but has additional evidentiary requirements to meet the standard of liability. In addition, medical malpractice cases require access to medical experts to establish the case’s merit and to provide expert interpretations of the medical issues involved.

Understanding Duty of Care In Medical Malpractice Claims vs. Personal Injury Cases

Most personal injury claims center on the principle that we all owe a general duty of care to others, requiring us to take reasonable actions to avoid causing harm. When an individual, business, or government agency breaches this duty of care through negligence, recklessness, or wrongdoing, and it causes an injury with damages to others, the responsible party is liable for the damages, like medical expenses, lost wages, and compensation for pain and suffering.

In medical malpractice claims, the standard of liability differs from typical personal injury cases because medical providers are held to a higher standard of care for patients. Proving liability in a medical malpractice lawsuit requires evidence demonstrating the following:

• A doctor/patient relationship existed at the time the malpractice occurred
• The doctor owed a duty of care to the patient, requiring them to treat the patient at the medical community’s accepted standard of care
• The doctor breached their duty of care to the patient
• The breach of duty caused harm to the patient, such as an injury, worsened medical condition, shortened life expectancy, or death
• The patient (or their surviving family) suffered economic and non-economic damages from the harm

When medical malpractice results in death, the closest surviving family member may recover compensation and a sense of justice through a medical malpractice wrongful death claim.

The Affidavit of Merit In Medical Malpractice Claims

Because medical malpractice involves aspects of clinical care that the common person doesn’t fully understand, Georgia requires an affidavit of merit signed by a medical expert showing that the case has merit. This isn’t necessary in most personal injury claims, but it’s required for medical malpractice claims before the case can move forward.

Expert Witnesses are Required In Medical Malpractice Cases

Medical malpractice cases are almost always more complex than typical personal injury cases. For example, proving negligence in a car accident case may require only eyewitness testimony or traffic camera footage showing which driver ran a red light. In medical malpractice claims, insight into the complexity of medical procedures, medications, and care standards known only within the medical community is paramount to a successful claim. This requires medical expert testimony to interpret key information in the case so the injury victim’s attorney in Atlanta can present it to the insurer during settlement negotiations, or to interpret the medical information for the jury in court.

Does Georgia Cap Non-Economic Damages In Medical Malpractice Cases?

Some states place limits, or caps, on the amount of compensation medical malpractice victims can recover for non-economic damages like pain and suffering. While Georgia formerly capped non-economic damages in medical malpractice claims, the state ended these caps in 2010 after finding them unconstitutional.

How Can a Georgia Medical Malpractice Attorney Help?

All personal injury claims require careful handling, but medical malpractice claims are particularly complex and require access to medical experts and other resources. Doctors and the medical facilities they work for often deny liability. For this reason, more medical malpractice cases proceed to trial than typical personal injury claims, which end in settlements in about 94% of cases. Call an Atlanta medical malpractice lawyer at Piasta Walker Hagenbush for experienced representation in your medical malpractice case.