If personal injury cases deal with accidents, how can medical malpractice constitute as a subclass of that particular branch of the law? Let’s break it down.
Personal injury, as according to the website of lawyers Crowe & Mulvey, LLP, is a situation wherein an innocent plaintiff has suffered an injury (which can be physical, mental, emotional, or any combination of the three) and it is due to the negligent actions of a guilty party. There are many different ways as to how a person can be injured due to negligence, hence the need for subclasses of personal injury, and that begs the question as to how medical malpractice fits under that umbrella term.
If a medical professional were to, say, accidentally damage the brain during surgery or have given too much of a certain drug and inadvertently caused overdose, then that is negligence that can be filed under medical malpractice. Those are the most obvious cases however as according to the website of the The Benton Law Firm, there are some medical malpractice cases that are a result of pure carelessness, which constitutes as negligence.
A wrong diagnosis, for example, can be constituted as a case of medical malpractice. According to an article by CBS News, 12 million people are misdiagnosed every year. Say if a patient were to have been diagnosed with something simple when, in reality, they had a subtle but fatal disease that could have been treated if it had been acted upon quickly. It is the responsibility of medical practitioners to deliver their utmost best and practice with the utmost care and precision, given the fragility of what they have to work with: the health and wellbeing of their patients.
It can be a difficult case to pursue, medical malpractice, as the attorney that represents the plaintiff would have to be not only knowledgeable with this complicated branch of the law but must also be comfortable and familiar with the medical landscape that concerns a specific case.