What is the difference between a medical malpractice lawsuit and a class-action lawsuit?
A medical malpractice lawsuit is a type of legal action taken against a healthcare professional or facility for harm caused by a negligent act, omission, or careless mistake. This type of lawsuit is most often brought by an individual patient. The patient is typically seeking compensation for damages suffered, such as medical expenses, lost wages, or pain and suffering. On the other hand, a class-action lawsuit is a legal action taken by a group of people who have collectively suffered a similar harm. This type of legal action is usually initiated by the group as a whole. It is designed to seek compensation for all of the members of the group, rather than just one individual. The members of the group must have suffered an identical or near identical harm, such as a dangerous side effect of a certain medication that was prescribed to each of them. In North Carolina, both medical malpractice and class-action lawsuits are governed by the same rules and procedures. Both types of lawsuits require the same forms of evidence and proof. Both must overcome similar legal hurdles in order to succeed, such as satisfying the burden of proof that the defendant was negligent. The primary difference between a medical malpractice lawsuit and a class-action lawsuit is that a class-action lawsuit is focused on seeking restitution for all members of the group at once, rather than just one individual. Additionally, the damages sought in a class-action lawsuit are typically greater than those sought in a medical malpractice lawsuit.
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