How Do I Know If My Injury Constitutes Medical Malpractice?

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How Do I Know If My Injury Constitutes Medical Malpractice?

In a malpractice action based on the negligence or willful misconduct of a health care provider, the plaintiff has the burden of proving that the defendant lacked the degree of knowledge or skill or failed to exercise the degree of care ordinarily exercised under the circumstances by health care providers in the same field. You must also prove that as a proximate result of this failure, you suffered injuries that would not otherwise have been incurred.

It is important to note that medical malpractice claims are very difficult to prevail in and are also extremely expensive partly due to the need for qualified expert review and testimony. Whether or not you have a good case depends on the professional judgment of attorneys and medical experts. If you are told that you do not have a case with merit, you should seek another opinion from one or more other attorneys.

Other Alaska Medical Malpractice FAQs

Q: What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error which results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More
Q: Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
A: Yes, there is and that time limit is referred to as the statute of limitations. In Alaska, medical malpractice actions for personal injury or death must be filed … More
Q: Who Can Be Held Accountable For The Medical Malpractice?
A: Generally, a medical malpractice claim can be brought against providers of medical or health care. This can include physicians, dentists, nurses, hospitals, and … More
Q: How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: How Much Can I Expect To Be Compensated For My Pain And Suffering?
A: Alaskan law allows an injured person to claim whatever losses you suffered as a result of another person`s negligence. You can recover your actual losses such as … More
Q: Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?
A: No, it does not waive your rights. A typical consent form indicates that you acknowledge the risks involved with a particular treatment or procedure. The health care … More

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