As a healthcare provider, you need insurance to protect you financially in the event that a patient files a legal claim against you. When exploring medical malpractice coverage, you might also read about personal injury claims, leading you to wonder: is medical malpractice personal injury, or vice versa?
In short, medical malpractice is a type of personal injury claim, but not all personal injury claims are medical malpractice. Understanding the difference between medical malpractice and personal injury law is key for healthcare providers, as it affects the way you manage risks and protect your practice.
In this article, we'll explore the connection between medical malpractice and personal injury law. You'll learn what each term means, how they overlap, and how to protect your practice from lawsuits.
Many healthcare providers wonder: is medical malpractice the same as personal injury? These two legal terms refer to different things, although there is some overlap between them.
Medical malpractice falls under the broader category of personal injury lawsuits. Any claim that seeks damages for injury to a person or that is based on injury to a person is a personal injury claim. However, not every personal injury claim arises from medical malpractice.
Here’s how general personal injury claims differ from medical malpractice claims:
Personal injury law focuses on claims where one party has harmed another due to negligence. It is a type of civil tort law, which means that plaintiffs can seek monetary compensation for the damages they have suffered.
There are several different types of personal injury claims. These include, but are not limited to:
To win a personal injury lawsuit, the plaintiff must prove four critical elements:
Establishing all four of these elements is necessary for a claim to be successful in any personal injury case, including medical malpractice.
In many cases, insurance will kick in if a defendant is found guilty and is required to pay damages. However, regardless of the type of personal injury claim being made, the exact coverage you get depends on the type of policy you have, the policy limits and the specifics of the case.
Medical malpractice is a specific type of personal injury lawsuit brought against a healthcare provider. It happens when a healthcare worker, like a doctor, nurse, or therapist, does not meet the established standard of care and causes harm to the patient as a result.
If a medical malpractice claim is successful, the healthcare provider could owe the patient a significant sum in damages. To recover damages, the patient must have suffered harm as a result of the provider's actions. These damages could cover tangible economic losses, such as related medical bills, lost wages, and the cost of legal representation. They can also compensate for pain and suffering.
To prove medical malpractice, the patient and their legal team must demonstrate the following:
While medical malpractice claims fall under the umbrella of personal injury law, there are important distinctions that set them apart from other personal injury cases. Personal injury law covers a wide range of incidents where someone suffers harm due to another party’s “ordinary”negligence—such as car accidents, slip-and-fall injuries, or workplace accidents. In these general personal injury cases, the plaintiff must show that the defendant owed a duty of care, breached that duty, and directly caused injury.
Medical malpractice, however, is a specialized area within personal injury law that specifically involves healthcare providers or medical professionals and “professional negligence”. For a claim to be considered medical malpractice, the alleged negligence must occur in the context of providing medical care or treatment. The healthcare provider must have deviated from the accepted standard of care expected of a similarly qualified medical professional under similar circumstances. This means that the provider’s actions are measured against what a reasonable medical professional would have done in the same situation.
Medical malpractice cases are often more complex than other personal injury claims. They typically require expert medical testimony to establish what the standard of care is and how the provider’s actions failed to meet it. Additionally, medical malpractice claims are governed by unique laws and procedural requirements, such as specific statutes of limitations and pre-suit notice rules, which do not always apply to other personal injury cases.
In summary, while all medical malpractice cases are personal injury cases, not all personal injury cases involve medical malpractice. The key difference lies in the context—medical malpractice refers to negligence by a healthcare provider during the course of medical treatment, whereas general personal injury claims can arise from a much broader range of negligent acts. Understanding this distinction is crucial for both injured parties and medical professionals navigating the legal landscape.
There are several different types of medical malpractice cases. Here are some examples of medical negligence, even gross negligence, and a breakdown of the most common medical mistakes.
Legal cases typically follow a pre-defined process. Here’s a step-by-step breakdown of what happens in a personal injury medical malpractice suit.
It’s important to understand this process so that you’re prepared in the unlikely event of a lawsuit. You’ll also need an experienced medical malpractice attorney by your side. Choosing an experienced lawyer is crucial, as they can guide you through the complexities of your case and ensure you receive proper legal representation.
Personal injury settlements vary widely between cases. The settlement amount ultimately depends on factors like the type of claim, the injuries caused, the persuasiveness of the evidence, the general severity of the case and several other factors. In 2023, the average medical malpractice claim payout was $485,885. However, nuclear verdicts, or verdicts of $10 million or above, are becoming more common in medical malpractice cases. Although it’s rare that the verdict amount is ultimately the settlement amount, a large verdict will of course force higher settlements.
Average personal injury settlement amounts for car accidents or motorcycle accidents tend to be much lower. For example, average bodily injury claims for car accidents were $26,501 in 2023.
This discrepancy between medical malpractice settlements and other personal injury cases is due to the complexity of medical malpractice cases and the fact that bodily injury claims from car accidents generate many more minor, soft tissue type injuries that bring down the average. Patients can experience long-term health effects as a result of medical negligence. For example, injuries sustained from surgical errors can lead to chronic health problems that patients must deal with for the rest of their lives. Although this can happen in personal injury claims for car accidents too, the numbers as a percentage of the whole are much smaller.
There are several factors that judges and juries consider when awarding damages in a personal injury case. Here are some of the types of compensation you might see in these cases.
In the United States, personal injury lawsuits can result in extremely high settlement amounts. These settlements typically happen as a result of catastrophic injuries that affect the patient for the rest of their life, and even affect their family members.
These extreme settlements are becoming more common. Nuclear verdicts increased by 53% between 2023 and 2024. This is happening primarily as a result of social inflation, which is a phenomenon where insurance claims increase at a faster rate than economic inflation. Social inflation is complex, but is partially fueled by public distrust of medical providers and corporate entities, leading juries to award significant financial compensation to the plaintiff.
While these extreme settlements are rare, they highlight the potential financial consequences of medical malpractice. All healthcare providers need good medical malpractice coverage to reduce the risk of claims against them.
Here are three real-world cases where medical malpractice was considered a form of personal injury. These cases involve healthcare providers not meeting the expected standard of care, causing serious harm to patients. In these scenarios, the patients and their families took legal action and were awarded financial settlements.
In 2018, a jury in Wayne County awarded Faith DeGrand $135 million in a medical malpractice case against the Detroit Medical Center (DMC). When Faith was 10 years old, she received spinal surgery for scoliosis at DMC's Children's Hospital.
After the procedure, the surgical hardware in Faith's spine started causing her severe pain and made her condition worse. Despite her worsening condition, the attending physician took two vacations, leaving her temporarily paralyzed for 10 days.
Another doctor found the problem and took out the hardware. However, it was too late: Faith had a permanent condition causing weakness in her limbs, and she lost control of her bowel and bladder.
The DMC's defense claimed that a blood clot caused the injuries, but the jury saw through this argument, siding with Faith. The case showed the serious effects of medical negligence and led to one of the largest medical malpractice verdicts in U.S. history.
Actor Dana Carvey, famous for "Saturday Night Live", filed a lawsuit against Marin General Hospital in 1997. He accused his surgeon of malpractice and personal injury after a mistake during his heart double bypass surgery.
Carvey's surgeon bypassed the wrong artery during the procedure. A different doctor later informed Carvey of the surgical mistake, which led to significant complications.
Carvey testified in court about his concerns with requiring another open-heart surgery. The lawsuit sought $7.5 million in damages for the emotional and physical impact of the surgical error. The defense emphasized that Carvey’s heart anatomy was unusual, contributing to the mistake. Expert witness testimony, however, stated that such errors are rare with appropriate surgical care.
The complications lasted over two years and involved several months of corrective treatments and uncertainty. Carvey ultimately donated most of the damages to cardiac research charities.
Mediation is a dispute resolution process that helps parties resolve a claim outside of a courtroom.
In a medical malpractice case, the injured parties would meet with the accused healthcare provider to resolve the problem with the help of a professional mediator. A mediator is a neutral third party who helps the plaintiff and defendant work toward a settlement agreement.
Mediation is often used in all kinds of personal injury cases to avoid lengthy, expensive trials.
Mediation offers benefits for all parties involved. These include:
Mediation can be an effective way to resolve personal injury or medical malpractice lawsuits without the stress of a trial.
If you are facing a personal injury lawsuit, especially for medical malpractice, you need a strong defense strategy. Here are some steps to take when a patient decides to file a claim:
To resolve a personal injury claim, both parties need to follow an established legal process. Here's a breakdown of what that process looks like.
There are several proactive steps healthcare providers can take to reduce the likelihood of a medical malpractice or other personal injury claim. Here's what you can do right now to protect yourself:
As a healthcare provider, you of course want to be providing the best care possible to your patients. However, even the best healthcare providers can make mistakes. In rare cases, you may find yourself facing a personal injury lawsuit due to medical malpractice.
This is where medical malpractice insurance comes in. This vital coverage offers numerous benefits to protect your patients, your practice, and your financial well-being.
A personal injury lawsuit settlement can easily run into the hundreds of thousands or even millions of dollars. Medical malpractice insurance shields you from these high costs, covering legal defense fees and potential settlement amounts up to any limit of liability. Without this protection, you might have to pay out of pocket, putting your practice and personal assets at risk.
The last thing you want is to face a lawsuit on your own. Malpractice insurance providers will connect you with legal experts who specialize in defending healthcare providers. These professionals know the ins and outs of medical malpractice law and will help you navigate complex legal proceedings.
Medical malpractice insurance means you don't have to worry about the financial fallout of a personal injury lawsuit. Instead, you can focus on delivering quality care to your patients, knowing you have a safety net if something goes wrong.
Many providers offer risk management resources, such as ongoing staff training, digital tools, and one-on-one consultations. These services help you prevent medical errors to reduce the likelihood of facing a personal injury lawsuit.
With so many providers out there, knowing how to choose medical malpractice insurance can be tricky. Here's what to look for to ensure you are fully protected.
So is medical malpractice considered personal injury? The answer is yes: medical malpractice is one of many types of personal injury cases, and it's important for providers to understand both concepts.
As medical malpractice verdicts increase, the stakes for healthcare providers get higher. Having robust malpractice insurance is essential for protecting you from lawsuits.
Indigo offers insurance for physicians across a wide range of specialties and experience levels. Our AI-powered quoting engine assesses your business to provide fair, individualized pricing that's tailored to your level of risk.
When claims happen, Indigo’s experienced claim consultants are here to help by assisting you through the process and connecting you to trusted legal defense teams as needed. We'll also help you prevent claims with complimentary risk management services.
If you don't already have malpractice insurance, now's the time to get it.
Get a quote from Indigo today to get started.
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