Understanding Medical Malpractice

Malpractice simply means that a person hired to do a certain job has failed to live up to professional expectations. If you see a health care provider for a medical problem, but he or she makes the problem worse or perhaps causes an entirely new injury, you could be a victim of medical malpractice. This is a tragic and frightening experience, as we put our complete trusts in the doctor and other providers who are supposed to care for us.

If you or a loved one has been injured by a negligent doctor, you may be entitled to money to cover lost wages, medical expenses, and compensation for physical and psychological harm.

Basics of a Medical Malpractice Claim

In a medical malpractice claim, the "health care provider" can be a doctor, nurse, therapist or anyone else who has treated you for a medical problem. Claims can also be filed against clinics, hospitals and other medical establishments that fail to provide adequate care for their clients.

In order to have a case, your attorney should be able to show that the following points are true:

• Your doctor had a duty to you. When a health care provider takes responsibility for your care, they are taking on a legal duty to give you the best treatment they can.
• Your doctor failed to meet expectations. Your attorney will usually use expert testimony and official guidelines to demonstrate that your health care provider did not meet the accepted standards of care.
• Your doctor’s failure caused injury. You and your attorney need to be able to show that the injury you are suffering from was caused by your health care provider’s negligence. Again, expert testimony is typically used.
• You have suffered from this injury. Your suffering may be physical, psychological or both. You need some sort of testimony, documentation or other evidence that it exists. Unfortunately, even if you can prove that your doctor was negligent, you must prove your own suffering before you can file a claim against him or her.

Types of Damages

Damages awarded for medical malpractice are compensatory or punitive. Compensatory damages will compensate you for both physical and emotional suffering. You may be compensated for both past and future expenses caused by your injury.

Punitive damages are awarded when a health care provider deliberately provides substandard care or is seriously negligent. The goal of punitive damages is not to compensate the plaintiff (you), but to punish the guilty party, hopefully ensuring that their behavior will not be repeated.

If you have been the victim of medical malpractice, contact one of the Madison medical malpractice lawyers at Habush, Habush & Rottier at (608) 255-6663. We will discuss the strength of your case and your legal options.