Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Claims of medical malpractice, when pursued in US courts, are usually processed as civil torts, but are sometimes subject to criminal procedures, as in the case of the death of Michael Jackson. Medical professionals may obtain professional liability insurances to offset the costs of lawsuits based on medical malpractice.
Product Defect is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word “product” has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property
Personal injury is the term used to describe physical and mental injuries that occur because of someone else’s negligence, intentional actions, or strict liability.
- Negligence means the other party failed to act with reasonable care. For example, imagine you are in your car stopped at a red light when another driver rear ends you because he or she isn’t paying attention. If you suffer physical injuries in the crash, those could be personal injury due to negligence. (Any damage to your car is property damage, not personal injury, because the car is an object, not a person.)
- Intentional harm means the other person set out to hurt you. This includes cases of battery, assault, and false imprisonment.
- Strict liability means that anyone involved in the production, distribution, or sale of a defective product can be held responsible if the product injures someone.