A medical malpractice lawsuit stems from a medical error or mishap you sustained due to the negligence of a medical professional or facility, while a personal injury lawsuit might stem from any injury you sustain due to the negligence of another person or injury.
A lawyer from our firm can clarify the difference between medical malpractice and personal injury. We can also help you file either type of lawsuit and determine the amount of compensation you may be entitled to due to negligence.
Similarities and Differences
There may be different evidentiary requirements in medical malpractice lawsuits, such as testimony from a medical expert. The deadline to file a medical malpractice lawsuit is also different than the deadline to file a personal injury lawsuit. Both types of lawsuit require proving the at-fault party’s:
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Key Features of Medical Malpractice Lawsuits
A few of the key features of medical malpractice lawsuits include:
The Statute of Limitations
With few exceptions, Ohio limits your ability to file a medical malpractice lawsuit to a single year, according to Ohio Revised Code (ORC) §2305.113. Failing to comply with the deadline might mean you cannot file your lawsuit at all. Even if your lawsuit is successfully filed, it is likely to be dismissed before it is ever heard.
The Evidentiary Requirements
Because of the complex and technical nature of medical malpractice, these cases may require the plaintiff to submit testimony from a qualified medical expert that:
- The defendant’s actions fell below a reasonable professional standard of care
- Another medical professional in the same situation as the defendant would have taken different actions
Per ORC §2323.451, this testimony is called an Affidavit of Merit. A lawyer from our firm can help you comply with all legal deadlines, define the type of medical harm you endured, and collect medical expert testimony to use in your case.
Common Types of Medical Malpractice Lawsuits
According to MedlinePlus, commonly reported instances of medical errors include:
- Medication errors
- Surgical errors or wrong-site surgery
- Missed diagnosis or misdiagnosis
- Equipment failure or malfunction
- Laboratory errors or reporting errors
Your lawyer can help you prove the type of medical error that led to your current condition. He can also help prove the types and amounts of financial recovery you may qualify for.
Recoverable Damages from a Medical Malpractice Lawsuit
If your medical malpractice lawsuit stems from a “medical, dental, optometric, or chiropractic” medical injury, according to Ohio Revised Code Section 2323.55, you might be eligible to recover the following damages from a medical malpractice lawsuit:
- Loss of wages
- Medical expenses
- Pain and suffering
Your lawyer may use your medical records and income statements to prove the cost of your medical care and lost wages until you recover.
Key Features of Personal Injury Lawsuits
A few of the key features of personal injury lawsuits include:
The Statute of Limitations
ORC §2305.10 generally allows you to file a personal injury lawsuit within two years of the date of the accident that caused your injuries. In a personal injury lawsuit, you might establish the date with:
- An accident report
- Medical records
- Witness testimony
Your lawyer can ensure that your personal injury lawsuit is filed on time and complies with the statute of limitations.
Common Types of Personal Injury Lawsuits
Because personal injury lawsuits are born of negligence, they can have a variety of causes and contributing factors. You might have the basis of a personal injury lawsuit or insurance claim if your injuries were the result of a:
- Car accident
- Pedestrian accident
- Dog bite or attack
- Defective product
- Premises liability
- Physical assault
A personal injury lawyer from our firm can help you if you were injured in these or any other types of accidents caused by negligence, recklessness, or carelessness.
Recoverable Damages from a Personal Injury Lawsuit
There are generally two forms of recoverable damages in a personal injury lawsuit:
- Economic damages: including medical treatments, lost salary, and property damage or loss.
- Non-economic damages: including physical pain and suffering, mental and emotional trauma, and disability.
A lawyer from our firm can help you define the value of both your economic and non-economic damages.
Let the Fitch Law Firm LLC Help You
The Fitch Law Firm LLC helps medical malpractice and personal injury accident victims in Columbus and other cities throughout Ohio. Our staff offers free consultations to anyone injured by a medical mishap or other negligence-based accident.
Contact the client intake team at the Fitch Law Firm LLC by calling (614) 545-3930 to receive your free review today.