What is the Difference Between Personal Injury, Medical Malpractice, and Birth Injuries?

Parents struggling with birth injuries often encounter all kinds of strange, new legal terms. This can add confusion to an already stressful situation, and it might seem frustrating to decipher this “legalese” when all you really want is to pursue justice on behalf of your injured child. Fortunately, terms like “personal injury,” “medical malpractice,” and “birth injury” represent relatively simple concepts. Once you learn the difference between these terms, you can move forward with a greater sense of confidence and efficiency.


Personal Injury is an All-Encompassing Term

The first thing you need to know is that “personal injury” encompasses many subcategories. Underneath this “umbrella term,” there are various types of injury lawsuits that may be filed by plaintiffs. These include auto accident lawsuits, product liability lawsuits, premise liability lawsuits, and many others.

The most important thing to understand about personal injury lawsuits is that they always stem from some type of alleged negligence. The term “negligence” is a crucial aspect of any personal injury lawsuit, and it represents the alleged wrongdoing that led to the injury in question. Another important set of terms is “plaintiff” (the person filing the lawsuit) and “defendant” (the person being sued). In order to receive compensation, the plaintiff generally needs to show that the defendant’s negligence led directly to their injuries.

Medical Malpractice is a Type of Personal Injury Lawsuit

A medical malpractice lawsuit falls under the general category of “personal injury.” This type of lawsuit involves wrongdoing by healthcare professionals and facilities – including anesthesiologists, doctors, nurses, surgeons, medical product manufacturers, and pharmaceutical companies.

In the case of a medical malpractice lawsuit, the injury might involve any number of issues patients experience as a result of mistakes, intentional harm, or gross recklessness committed by medical professionals. A doctor owes a duty of care to their patients, and they must follow the specific policies and procedures associated with their line of work.

Birth Injury is Caused By Medical Malpractice

A birth injury is one of the many examples of harm that may result from medical malpractice. In this situation, an infant or a mother suffers harm during the process of giving birth. There are almost countless ways in which these injuries can occur, from brain injuries and scarring to cerebral palsy and fractures.

Note that a birth injury may not always be the direct result of medical malpractice. Some birth injuries are truly unavoidable. That being said, doctors often claim that these accidents were inevitable when they know full well that they made serious errors. Unfortunately, the standards for medical care in the United States are quite low – and doctors often escape consequences for seriously harming innocent people. This is why it is so important to hold doctors accountable for causing injuries to infants. In addition to helping parents cover the cost of these birth injuries, lawsuits may also prevent doctors from causing further harm to other infants.

Personal Injury, Medical Malpractice, and Birth Injuries Summarized

In summary, there is an interlinking relationship between the concepts of personal injury, medical malpractice, and birth injuries. The general aspects of a personal injury lawsuit apply to medical malpractice – including the requirement to establish negligence. A medical malpractice lawsuit deals specifically with the medical world, and a birth injury is just one example of an issue that may lead to a medical malpractice lawsuit.

It is also worth mentioning that medical malpractice lawsuits follow a slightly different process compared to other personal injury lawsuits due to the existence of a mediation panel. Before your case can be heard in court, you must take it before a mediation panel. This mediation panel is comprised of five voting members. The members may be medical professionals or lawyers, and the defendants and plaintiffs can help select them to a certain degree. Because of this highly specific process, it makes sense to work with a medical malpractice lawyer rather than a “normal” injury lawyer.

Book a Consultation With a Birth Injury Lawyer in Grand Rapids

If you have been searching for an experienced birth injury lawyer in Grand Rapids, look no further than Hoffer & Sheremet, PLC. Over the years, we have handled numerous birth injury lawsuits and have a track record for pursuing justice on behalf of infants in Grand Rapids. We know that the legal world might seem confusing at first, but you should not let a few complicated phrases stop you from getting the compensation you deserve. You do not need to be a legal scholar to file an injury lawsuit, so book a consultation today to get started today.