When most drivers think about personal injury cases they think of automobile accidents.
However, that’s not always the case.
One big problem that many accident victims run into is mixing up an auto injury claim vs healthcare negligence case.
They don’t handle the same and knowing the difference could save you a lot of time, money and aggravation. These are two completely different types of injury claims with their own rules, timelines, and legal hoops to jump through.
Let’s dive into the differences between an auto injury claim vs healthcare negligence case…
What’s covered:
- Auto Injury Claims vs Healthcare Negligence Cases
- What Is Considered a Standard of Care Violation?
- Why Medical Malpractice Cases Are Much More Difficult To Win Than Auto Accident Claims
- The Differences Every Driver Should Know
Auto Injury Claims vs Healthcare Negligence Cases
Automobile accidents are by far the leading cause of injury claims in America.
Car wrecks account for over half of all personal injury claims made each year. Medical malpractice injuries on the other hand are far less common.
Trying to fight one thinking that you are pursuing the other is never a good idea.
Auto Injury Claims: What You Need to Know
Car injury claims tend to be much more cut and dry than medical malpractice cases. After an auto accident the victim must prove that the other driver was negligent in some way.
Meaning they did something wrong like ran a stop sign or were texting while driving.
Proving this typically requires the injured party to…
- File a claim with the negligent drivers insurance company
- Turn over medical records and evidence of injuries
- Negotiate a settlement or bring the case before a court of law
Pretty straight forward right? If someone was speeding and hits you then they are clearly at fault. Most of the time the evidence is right there in the police report, witness testimony, dashcam footage, and damage to the vehicles.
This also shows in the numbers, the average success rate for injury claims stemming from car wrecks sits around 61%.
What Is Considered a Standard of Care Violation?
Medical malpractice cases are a different story entirely.
For starters they are referred to as healthcare negligence claims. They occur when a healthcare provider “fails to meet the accepted standard of care.”
Here’s what that means…
A Standard of Care violation is when a doctor, nurse practitioner or hospital personnel does something that any other reasonable healthcare professional wouldn’t do.
Think about it like this…
The medical profession has a set level of care that they must provide to their patients. When that care falls below that accepted level and a patient is injured as a result of those actions, that is called a Standard of Care violation.
Working with a medical malpractice lawyer in Fort Lauderdale is critical because the violated care standard must be proven by medical experts who know the proper protocols.
Some examples of Standard of Care violations include:
- Misdiagnosis or failure to diagnose
- Operating on the wrong site
- Wrong medication or dosage
- Failure to treat
This isn’t as easy as showing a cop’s testimony or security camera footage. The proof needed comes from medical records. Plus expert testimony is required to prove negligence.
Why Medical Malpractice Cases Are Much More Difficult To Win Than Auto Accident Claims
Here’s a wild fact for you…
Medical malpractice claims have a much lower chance of succeeding than auto injury claims.
Research from the Bureau of Justice Statistics shows that medical malpractice plaintiffs win at trial only 19% of the time. Compare that to injury claims from car wrecks which have about a 61% chance.
Why is there such a drastic difference?
As you may have guessed it all boils down to a Standard of Care violation. To win a medical malpractice case the injured party must prove…
- The provider owed a duty of care
- The provider violated that duty by falling below the standard of care
- The provider’s violation of care directly caused the injury suffered
Medical malpractice cases are hard to win because they require proof of a Standard of Care violation.
And to prove that violation medical experts are needed who can testify that the healthcare provider did not provide the normal level of care. Without expert testimony a medical malpractice case will likely fail.
It doesn’t stop there though…
Many states have created pre-suit requirements when it comes to healthcare negligence suits. Meaning a medical expert may need to review the case and sign a certificate of merit before a lawsuit can even be filed. Nothing like that exists for auto injury claims.
The Differences Every Driver Should Know
Drivers need to understand the differences between these two claims because car wrecks can lead to medical treatment.
Injuries sustained from an auto accident often require medical care. And what happens if that medical care is negligent and causes further injury?
You now have two different legal claims heading to court.
Here’s how that breaks down…
With an auto injury claim the goal is proving that another driver failed to provide a reasonable amount of care while on the road. To prove negligence in a healthcare setting medical expert testimony is needed.
- Success rates are higher with automobile claims
- Medical malpractice suits take forever to get to trial
- There are pre-suit requirements in medical malpractice cases that do not exist for auto injury claims
- The median payout for medical malpractice settlements is $250,000
Drivers get into crashes, see doctors and then those doctors make their injuries worse. Basic car accident claims and medical malpractice claims are two different ball games.
Bringing It All Together
Auto injury claims and healthcare negligence claims are completely different creatures.
They have different rules, proof requirements, and success rates. Not knowing which type of personal injury case to pursue could be giving the opponents the upper hand.
One thing that both of these claims have in common is they require proof of negligence. The other party did something wrong that directly caused the injuries.
Drivers who suffer injuries in a crash only to receive subpar treatment from a doctor should understand that they can actually pursue two separate claims.
They can fight for compensation from the negligent driver and negligent healthcare provider. Each claim will have different timelines, standards of proof, and settlement amounts.
Don’t stress yourself out by thinking that all injury cases are handled the same.
