Medical Negligence vs Personal Injury Claims
So, let’s sort it all out: in the matter of medical negligence vs personal injury claims, which one fits your case?
Personal injury claims happen when you suffer an injury that isn’t your fault. This could be an injury that arises in any day-to-day situation. For instance, some examples of personal injury may include:
- when you’re a passenger in a car during a road traffic accident, or;
- tripping on a crack in the pavement.
So, it makes sense that an injury that you sustain as a result of a medical procedure should also be eligible for a personal injury claim. After all, the injury occurs when you’re not at fault.
But in truth, any qualified advisor from the law firms we work with will tell you that it isn’t that simple. There are some fundamental differences between a personal injury claim and a medical negligence claim. They’re both the result of negligence, but there are degrees of difference in how you claim for each.
Where did the accident happen?
Traditionally, personal injury claims are for the types of injuries we’ve touched on above: car accidents and accidents in a public place, along with accidents at work, or on holiday and so on. In all these cases, if another person was ultimately responsible for the accident that led to the injury, you’ve got a viable personal injury claim.
However, if they prove you’re the person at fault for the accident, then it typically doesn’t count as personal injury negligence.
On the other hand, a medical negligence claim is only suitable in instances where your injury, illness or suffering was specifically at the hands of a negligent medical professional. Obviously, this will usually be in a medical establishment. However, it may occur at your home if you receive in-home care, or in public, if the negligent party was a paramedic treating you at the scene.
What do you have to prove?
In both a personal injury claim and a medical negligence claim, there is one constant. You’ll have to prove that whoever was ultimately responsible for your injury:
- owes you a duty of care and;
- there was a breach in that duty of care, resulting in you suffering an injury.
With a personal injury case, this can be very black-and-white. For example, in a car accident, the responsible driver has a duty of care to other motorists, pedestrians, and passengers to drive in a safe manner. If they breach this by driving recklessly and causing an accident (and your injury), you deserve compensation. That’s because you can classify it as personal injury negligence.
However, in medical negligence cases, it can be easy to prove that someone is:
- performing your operation;
- providing you with care, or;
- prescribing you medication owes you that duty of care.
Proving that it was a breach of duty, on the other hand, can be much harder. The court will examine whether the care you received fell below the acceptable standard. This is hard to determine, as different people will all have a differing opinion on what the acceptable standard is.
But suppose the opposing party proves the medical treatment in question is what ought to be done. As a result, medical experts agree that this is enough to disprove the breach of duty of care. Therefore, some cases that you might feel should end in successful claims can sometimes lose.
What actually causes your injuries?
For personal injury claims, causation is often very easy to prove. Consider if you’ve no prior history of back pain and begin to suffer following your involvement in a car accident. It’s reasonable to conclude that the accident caused this pain.
However, again, when it comes to medical negligence, there are far more shades of grey. Some will argue that you develop the symptoms or pain even with a different treatment or higher standard of care.
Proving a medical negligence claim can seem impossible sometimes. But you may think you’ve suffered at the hands of a medical professional in the last 3 years. Our team can connect you with an expert in medical negligence. Get in touch, and we can walk you through the personal injury negligence or medical negligence process, help you prove your case and get the compensation you’re entitled to.
If you’re looking for quality legal advice, don’t worry if you’re choosing between medical negligence vs personal. We work with law firms authorised and regulated by the Financial Conduct Authority for both clinical negligence and personal injury.
About our medical negligence claims team
We work with the UK’s top lawyers, but we’re also people with families of our own. Above all, we understand that making a medical negligence claim can be stressful for those unfamiliar with the process. It can be drawn out and complicated, but we will keep you updated – without using excessive legal or medical jargon – so you know what is going on.
Contact The Medical Negligence Experts today, and ask how we can help you with a quality medical negligence solicitor.
Need some help determining Medical Negligence vs Personal Injury Claims?
Am I eligible?
If you have suffered from medical negligence in the past 3 years, the short answer is yes.
However, medical negligence can be complicated, so we recommend that you speak with one of our expert solicitors - It’s Free.
How much could I claim?
As every medical case is different, the amount of compensation paid out can differ. Varying factors lead to the final figure include: Level of negligence, earnings missed out on, future losses and more.
Our experienced team of experts will give you an indication of how much you could potentially claim.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent as possible.
Your solicitor will gather all the evidence and will notify the negligent party of your claim against them. With your dedicated solicitor negotiating on your behalf, you will be kept up to date every step of the way.
We can sort out the difference: Medical Negligence vs Personal Injury Claims
No Win No Fee
We offer a No Win No Fee* service on all our claims - We assess each claim on its merits with the information provided, which aids us to determine its likely success rate. This takes the risk away from you.
Our experienced solicitors are experts in securing compensation no matter the level of negligence.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Solicitors
On contact, you will be allocated your own expert Medical Negligence solicitor who will be there every step of the way. You will be provided with a direct phone number and direct email address of your solicitor.
Expert clinical negligence solicitors working for you
We specialise in helping victims of medical negligence claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your case, you don’t pay! Once you make contact, your experienced solicitor will work to recover the maximum compensation you are entitled to.
Whether you are ready to make a medical negligence claim, or you would just like a free conversation with a legal professional, we have experts on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back whenever suits you.