When you or a loved one has been hurt because of someone else’s negligence, figuring out your next steps can be overwhelming. A common question I hear is, “Do I need a personal injury attorney or a medical malpractice attorney?” It’s a great question—because while those two areas of law sometimes overlap, they are very different in how they’re handled and what they involve.
Let’s break down when and why a personal injury attorney might be the better fit for your case—and how that choice could impact your path to justice and compensation.
Personal Injury vs. Medical Malpractice: What’s the Difference?
Personal injury law covers a wide range of cases where someone is injured due to someone else’s negligence. This includes car accidents, slip and falls, workplace injuries, dog bites, defective products, boating accidents, oilfield or industrial injuries, and more.
Medical malpractice, on the other hand, is a specific type of personal injury that involves a medical professional failing to provide the standard of care expected in their field, resulting in harm to a patient. Think surgical errors, misdiagnoses, birth injuries, or medication mistakes.
So, how do you know which type of lawyer you need?
When a Personal Injury Attorney Is the Right Choice
Here are some situations where calling a personal injury attorney like me makes the most sense:
- You Were in a Medical Facility, but The Injury Wasn’t Directly Caused by a Medical Provider’s Decision
If you were injured in a hospital but it wasn’t due to a doctor’s or nurse’s medical judgment, it may not be a malpractice issue. For example:
- You slipped and fell on a wet floor in a hospital lobby.
- A hospital staff member dropped you during transport.
- Faulty equipment caused your injury.
In these situations, the case is more about premises liability or product liability—both of which fall under personal injury law.
- You Don’t Need a Medical Expert to Prove Negligence
Medical malpractice claims in Texas are highly specialized and typically require expert testimony to show that a provider failed to meet the accepted standard of care. That adds time, cost, and complexity to the case.
If your case doesn’t require proving a violation of medical standards (but rather, basic negligence), it’s more straightforward—and that’s where a personal injury lawyer is the better call.
- You Need a Lawyer Experienced in Negotiating with Insurance Companies
A big part of what I do as a personal injury attorney is deal with insurance companies. Whether it’s the other party’s insurer or your own, I know how to push back on lowball offers and fight for fair compensation.
If your injury involves an auto accident, a fall at a business, or a non-medical accident, you need someone who understands how insurance adjusters work—and how to advocate for you.
Why It Matters
Here in Texas, and especially in the greater Houston area, time matters in these cases. Texas has strict statutes of limitations for both personal injury and medical malpractice claims. Choosing the right kind of attorney early on can save you from delays, missteps, or even losing your chance to file.
At the Law Office of Shane McClelland, I take pride in helping injured Texans understand their rights and get the compensation they deserve. If you’re not sure what kind of claim you have—or even if you have a claim at all—give me a call. I’m happy to walk you through your options, plain and simple.
Final Thought
If you were hurt and aren’t sure if it’s a “medical malpractice” case or just plain negligence, don’t stress. Start with a personal injury attorney who knows how to spot the difference and can guide you in the right direction.
Injured in or around Katy, Texas?
Call my office today at (713) 987-7107 or schedule your free consultation. I’m here to help you move forward.