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Medical Care or General Negligence?

By Janice G. Inman

When an injury occurs in a medical setting, the correct means of bringing suit to compensate the plaintiff may be a medical malpractice claim. On the other hand, it may be more appropriate to assert general negligence. The difference could prove crucial even though both causes of action require showings of a duty, its breach, causation and damages.

One such difference is many states' requirement that plaintiffs obtain an expert opinion before they may file a claim. Another important difference between medical malpractice and general negligence claims is the time period allowed between injury and the filing of the lawsuit; many state legislatures have lengthened or shortened the statute of limitations in medical malpractice cases, so that a suit for medical malpractice must be filed sooner (or may be filed later) than one for general negligence.

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