Medical Malpractice is a Type of Personal Injury Both personal injury law and medical malpractice law serve to correct a civil evil when a person is injured through no fault of their own. However, medical malpractice is a subset of personal injury. Now, personal injury cases are based on negligence. This means that medical malpractice is a type of personal injury case.
However, so are car accidents, slip and fall accidents, product recalls. As such, personal injury has a much broader scope than medical malpractice. While car accidents are the most common source of personal injury, many other causes also result in serious injury or death, including workplace accidents, accidental slips and falls, animal bites, hazardous property conditions, toxic substances, medical malpractice, effects side effects of pharmaceuticals, hazardous products, etc. Damages that personal injury victims must face include physical pain, emotional distress, costly medical bills and lost wages.
According to a recent study by Johns Hopkins University, medical malpractice is the third leading cause of death in the United States, after heart disease and cancer. When the Unthinkable Happens, You Need an Experienced Medical Malpractice Lawyer to Fight for You. Unless otherwise provided in this section or in another law, any personal injury action, whatever the theory of recovery, and any action for damages resulting from fraud, shall be commenced within two years of the accruing of the cause of action. However, the provisions of this subsection shall not apply to extend the period of limitations beyond 10 years from the date on which the cause of action accrues, except that the provisions of subdivision A 2 of § 8.01-229 shall apply to pay the statute of limitations in actions brought by or on behalf of a person by virtue of a disability.
Any action for injury to the person, whatever the theory of recovery, as a result of sexual abuse occurring during childhood or the person's disability as set forth in subdivision 6 of § 8.01-249, shall be commenced within 20 years of the accrual of the cause of action. Any property injury claim brought by the Commonwealth against a tort for expenses arising from the negligent operation of a motor vehicle shall be commenced within five years of the accruing of the cause of action. Chapters of meeting acts referred to in the historical citation at the end of this section may not constitute a complete list of such chapters and may exclude chapters whose provisions have expired. Code of Virginia, Constitution of Virginia, statutes, authorities, covenants, and non-codified laws are now available in eBook, ePub and MOBI formats.
Data from the Virginia Law website is available through a web service. Many other types of accidents can result in personal injuries that make it difficult to return to work to support yourself and your family. Medical negligence can result in personal injury and, therefore, you can file a personal injury lawsuit in a case involving medical malpractice. In personal injury cases, the lawsuit begins on the day of the injury, while in the case of medical malpractice, the lawsuit begins the moment the negligence is discovered.
Discuss the circumstances of the accident or incident that led to your injuries with a personal injury lawyer. A personal injury lawsuit involves two main issues, which are liabilities and damages, since it is a tort lawsuit. With extensive experience in personal injury cases, Melinda Helbock knows how traumatic these events can be. Any property injury action, including actions by a parent or guardian of an infant against an offender for the costs of healing or attempting to heal said infant as a result of a personal injury or loss of services for that infant, shall be commenced within five years of the accruing of the cause of action.
You should also be aware of the state in which you live; different states have different systems regarding personal injury claims. Personal injury and medical malpractice are civil cases that arise from the negligence of another person. New York's statute of limitations for personal injury cases requires victims to file a lawsuit within three years. A personal injury lawyer conducts thorough investigations to determine the damages for which you are qualified.
While there is often a criminal element in these cases, the personal injury element will be carried out in a civil or tort court. Whether you're dealing with a medical malpractice case or another personal injury case, if the defendant is the New York government or its employees, you must file a lawsuit within 90 days. . .