Medical Malpractice Lawyer in Alaska
You put a special trust in the surgeons, doctors, nurses, and other medical professionals liable for your well-being. That trust, unfortunately, is not always rewarded. Sometimes, the functions of a healthcare professional may increase to the level of malpractice. You are putting your life into the hands of strangers, assuming they can heal what is making you unwell. But what happens if you end up with an even more severe injury, misdiagnoses, or a different ailment? Or worse, you lose a loved one because of a negligent blunder by a health professional?
If you face similar conditions — or if a family member does — you should contact a seasoned medical malpractice attorney in Alaska to learn about your legal rights. At Trial Guy, our personal injury lawyers know that medical wrongdoing causes deep personal, physical, and emotional pain, and we are here to listen and want to help.
Contact Now or call at 907-262-9164, our medical malpractice attorney in Anchorage and Soldotna, today to learn more about how we can help you. We never charge a fee in personal injury or medical malpractice cases unless and until we win your case.
Common Medical Malpractice Mistakes
- Surgical errors: Surgery is naturally risky. Therefore, mistakes do occur. However, actions such as performing unnecessary surgeries, recklessly cutting nerves or arteries, operating on faulty body parts, leaving surgical instruments inside patients, or failing to shield against post-operative infections can give rise to malpractice cases.
- Failure to diagnose: If a medical professional fails to diagnose a medical condition, especially severe diseases such as cancer or heart disease, severe repercussions can happen.
- Medical misdiagnosis: Diagnostic errors are medical slips that involve a doctor's incorrect identification of an injury, disease, infection, or other condition.
- Medication errors: Medications prescribed unnecessarily or administered, and known allergy can result in severe impairment.
- Federal tort claims: The Federal Tort Claims Act (FTCA) gives citizens the capacity to sue the government for issues such as Veterans Affairs (VA) hospital malpractice and other government-funded medical care.
- Anesthesia errors: Despite being a vital tool of modern medicine, anesthesia must be administered accurately and in precise doses to evade harm to patients. Unfortunately, anesthesia medical malpractice is a typical doctor error that results in medical malpractices cases regularly.
- Birth injury: If your child suffered a preventable birth injury or developed cerebral palsy or other birth injuries due to a doctor's negligence, you may be qualified to pursue compensation.
Medical Malpractice Claims in Alaska
Over the past 30 years in Alaska, nearly 3,000 adverse action reports (AARs) have been submitted, detailing enforcement actions against medical professionals. Many patients have taken a doctor to court after a faulty outcome. Since 1990, Alaska has seen over 700 physicians or other healthcare professionals pay settlements to patients after a malpractice suit. AAR figures have been on a skyward trend during the observed time. But medical malpractice payments have seen a slight reduction. This does not mean medical malpractice cases have decreased, as many patients must sue to obtain justice, and many do not pursue legal action against negligent doctors and hospitals. Average lawsuit rates for medical malpractice have stayed relatively low, however.
Alaska's Medical Malpractice Laws
It is vital to remember that poor medical results do not always indicate that malpractice happened. Under Alaska Statutes section 09.55.540 (http://www.legis.state.ak.us/basis/statutes.asp), medical malpractice suits must satisfy various elements to be genuine.To establish medical malpractice in Alaska, you must present evidence that:
- Doctor-patient relationship: A "doctor-patient relationship" existed between you and the doctor.
- Failed medical exercise: The defendant could not adhere to the adequate medical standard of care that a similar healthcare provider would have given.
- Damages happen: This breach of care caused you to bear injuries that otherwise would not have been happened.
While they may seem simple, proving these aspects can be a complicated process requiring expert witness testimony, thorough examining of medical records, and a skillful understanding of medical malpractice case law.
Medical Malpractice Statute of Limitations in Alaska
Alaska provides a two-year statute of limitations for medical malpractice cases, meaning you must sue in civil court within two years of the date that the malpractice pursued damages. If you file a lawsuit after this deadline expires, your claim will likely be rejected, and you cannot seek legal recourse.
However, Alaska's medical malpractice statute of limitations can sometimes be increased if:
- If the victim of malpractice was a minor under eight years old.
- The victim did not find the malpractice until after it happened.
- The defendant left the state after causing malpractice.
- Malpractice is caused by extreme intentional negligence.
Since adhering to this given period can make or break your case, you must speak to an Anchorage medical malpractice lawyer soon to ensure your rights are safeguarded.
Alaska Damages for Medical Malpractice
Medical malpractice victims in Alaska can seek compensation for a variety of damages, including:
- Wrongful death
- Medical expenses
- Lost earnings
- Physical therapy costs
- Pain and suffering
Non-economic damages such as loss of enjoyment of life, pain, suffering, and consortium loss are subject to compensation of $250,000. The non-economic damages cap can sometimes rise but cannot exceed $400,000 where the loss of life or severe permanent physical impairment with over 70 percent disabling happens. It is vital to consult with my office to get a good idea of your potential recovery.
Hiring an Anchorage Medical Malpractice Lawyer
If you or your loved one has suffered harm at the hands of a negligent doctor, you have been the victim of malpractice once. If you select to deal with insurance companies in the wake of your damages on your own without consulting legal representation, you will likely suffer twice. We understand what you are going through and present the aggressive case representation you need to ensure your rights are secured.
If you or a loved one has been injured or lost a loved one, please call your medical malpractice lawyer in Alaska at 907-262-9164, Attorney Eric Derleth. The Trial Guy personal injury law firm serves Anchorage, Soldotna. Kenai and the Palmer/Wasilla areas of Alaska. Speak with attorney Eric today for Free Confidential Consultation!