Medical Malpractice vs. Personal Injury: What’s the Difference?

Understanding the complexities of medical malpractice versus personal injury cases can be challenging. Many types of lawsuits, including those for trucking accidents, auto accidents, and defective products, fall under the umbrella of ‘personal injury,’ but medical malpractice is the most complicated type. These high-stakes cases involve diagnostic errors and surgical mistakes that require scientific evidence and expert witnesses, and must hew to state-specific filing requirements.

Though medical malpractice is a subset of personal injury, filing a claim against a healthcare provider for a breach of duty is often more complex than suing someone after an auto accident or a slip and fall. Read on to understand more about what makes these cases different and when to sue for medical malpractice versus personal injury.

Defendants in Malpractice vs. Personal Injury

The determining factor when pursuing a medical malpractice case versus a personal injury is the defendant named in the complaint. South Carolina doesn’t allow medical malpractice lawsuits to be filed against individuals who are not trained professionals. Anyone—whether skilled, licensed, trained, or not—may be sued for a personal injury. Defendants in these cases are unlikely to have experience in them or a large budget for fighting the allegations. By contrast, most healthcare providers have faced allegations before, and these defendants are backed by insurance companies willing to use many resources to nullify medical malpractice cases.

Proving Fault in Injury Cases

Establishing culpability is one area where medical malpractice cases become arduous compared to most personal injury claims. It’s human nature for a driver to admit fault for an accident or for a homeowner to take responsibility when an injury occurs on their property. Even investigating these situations is routine compared to investigating medical malpractice, since accident reconstruction, traffic and surveillance cameras, and bystanders’ accounts qualify as evidence.

Statute of Limitations for Injuries

Generally, there is no difference between the statute of limitation requirements in South Carolina for medical malpractice and personal injury complaints. Both allow three years for typical claims, but it is more common for outliers to affect medical malpractice deadlines versus in personal injury cases.

Exceptions for minor-aged patients, certain injuries, and collusion can extend the statute of limitations for South Carolina malpractice claims. The timeline to file a lawsuit may also be shortened based on the circumstance, such as when a foreign object is left in a patient or the lawsuit names a federally funded facility. Understanding all of the nuances that influence the statute of limitations for medical malpractice often requires help from an experienced legal advocate.

Procedural Requirements for Medical Lawsuits

The complex medical malpractice laws in South Carolina mandate procedural requirements that make these cases more arduous than those for personal injuries. Malpractice cases aren’t governed by federal agencies, which means these claim stipulations vary from state to state, and they’re nearly always more complicated than typical injury cases. When filing a medical malpractice lawsuit in South Carolina, expect your case to follow these four steps:

1. Obtain an affidavit from an expert witness finding a breach of the standard of care
2. Submit a Notice of Intent to File
3. Participate in pretrial mediation
4. Initiate a civil action by filing a summons and complaint

Knowing when to sue for medical malpractice versus personal injury is the first step in your recovery from a provider’s negligent action or error. Next, partner with a qualified medical malpractice advocate who knows how to challenge healthcare providers protected by South Carolina state laws and backed by insurance company resources. With an experienced team in your corner, you can focus on healing while your attorneys handle the details.