Medical malpractice is a form of personal injury, but it has special rules because there are two reasons you might not get the results you want from medical treatment: bad luck or bad treatment. If you just have bad luck, that means you got the treatment you would’ve received from any competent doctor, and it simply didn’t work. You may have ended up injured or not cured, but it’s not legally actionable. If it’s bad treatment, meaning you didn’t get the kind of treatment any competent doctor would’ve given, then you have a case.
It’s Different from Other Personal Injuries
Remember that in ordinary personal injury cases, all you need to show is that there was a duty to be careful that the defendant violated or breached. ...