Free Alaska Medical Malpractice FAQs | Free Alaska Medical Malpractice Legal Documents

What Happens If I Am Injured In The Course Of Medical Treatment?

Tue, 29 May 2007 21:19:00 GMT

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 compensate him or her for the injury.

The term medical malpractice is generally used to describe any treatment, lack of treatment, or departure from accepted standards of medical care on the part of a health care provider that results in injury to the patient. Medical malpractice can occur in many different situations. Some examples include incorrect diagnosis, failure to treat, improper treatment, delay in treatment, prescription errors, surgical errors, etc.

How Do I Know If My Injury Constitutes Medical Malpractice?

Tue, 29 May 2007 21:19:00 GMT

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.

Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

Tue, 29 May 2007 21:19:00 GMT

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 within two years from the date of injury. The period of limitations usually runs from the time the injury occurred. Special rules, however, apply in some situations. If the claimant is under the age of majority, or incompetent by reason of mental illness or disability, the twoyear statute begins to run when the disability is lifted. When the injured party is under the age of eight years, the time period before the person`s eighth birthday is not a part of the time limit. In an action for wrongful death, a reasonable failure to discover a key element of the cause of action tolls the twoyear limitation period.

Who Can Be Held Accountable For The Medical Malpractice?

Tue, 29 May 2007 21:19:00 GMT

Generally, a medical malpractice claim can be brought against providers of medical or health care. This can include physicians, dentists, nurses, hospitals, and pharmacists, among others. These claims may be brought against individuals, corporations, associations, etc.

A hospital is not liable for damages as a result of an act or omission by an emergency room physician who is not an employee or actual agent of the hospital if the hospital posts notice that the physician is an independent contractor and the physician is insured for at least $500,000 per claim and $1.5 million in aggregate. The hospital is responsible for exercising reasonable care in granting privileges to practice in the hospital.

When a person renders emergency care to an injured person to avoid serious harm or death, that person is not liable for damages as a result of their acts or omissions.

In all actions involving the fault of more than one party, the court will enter a judgment against each party in accordance with that party`s percentage of fault.

How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?

Tue, 29 May 2007 21:19:00 GMT

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 a percentage of your award if and when you recover for your injuries. Contingency fees average between 25 and 40 percent. Some attorneys will charge an hourly fee or a flat fee. In Alaska, you cannot be required to accept a contingent fee agreement, but can choose between a contingent fee and an hourly fee.

The attorney`s out of pocket costs are, in many cases, not included in the attorney`s fees. You should be sure to pay attention to how an attorney will bill you for costs. In a medical malpractice case, these expenses can be quite high. Many attorneys will decline a case unless there is potential for a substantial verdict or settlement.

How Much Can I Expect To Be Compensated For My Pain And Suffering?

Tue, 29 May 2007 21:19:00 GMT

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 medical expenses, property damage, and lost wages. The law allows compensation for future medical and care expenses as well as future loss of income and earning capacity.

You are also entitled to noneconomic damages for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, etc. Damages for noneconomic losses are limited to the greater of $400,000 or the plaintiff`s life expectancy in years multiplied by $8000. For severe permanent physical impairment or severe disfigurement, the cap is $1,000,000 or life expectancy multiplied by $25,000.

Punitive damages are only awarded if it is clear that the defendant`s conduct was outrageous, including acts done with malice or bad motives; or evidenced reckless indifference to the interest of another person. Ordinarily, punitive damages are limited to the greater of three times the compensatory damages or $500,000. If the defendant was motivated by financial gain and knew the consequences of his actions, the limit is the greatest of four times the compensatory damages, four times the financial gain, or $7,000,000.

Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?

Tue, 29 May 2007 21:19:00 GMT

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 provider is still responsible for meeting the standard of care associated with such procedure or treatment.