There are so many scenarios where medical errors leading to medical malpractice may occur. However, just because a patient has lost life, or his/her condition has worsened, that doesn’t always denote medical negligence. What determines this is whether the medical professional acted in the appropriate standard of care, just like a reasonable doctor would have done in such circumstances. If you or your loved one has suffered due to a medical malpractice claim, you may want to file a suit. There are specific procedures that are unique to these cases that you must follow. You can’t be able to handle a medical malpractice claim without professional assistance; this is different from other injury-related cases. You have to know when a case is a medical malpractice and when it’s not.
Types Of Damages You May Recover From A Medical Malpractice Claim
Before filing a medical malpractice lawsuit, you need to know the basics of Alaska medical malpractice laws. This is because you only have some limited time to file the lawsuit. The time frame usually is two years from the date your injuries were discovered. If you have suffered from medical malpractice, you should be compensated for the injuries sustained as a result of the doctor’s mistakes. You may recover from a wide range of damages such as:
- General damages: These may include lost wages, loss of enjoyment of life or mental anguish. To arrive at the amount to be compensated for, there must be evidence about how much pain you have suffered as a result of the doctor’s negligence. Every case may be different, and there are no definite rules regarding the amount that should be paid. Remember that this doesn’t include the injuries that the patient may have suffered before the malpractice occurred.
- Special damages: You may recover from the medical expenses, lost wages. Depending on the facts of your case, you only need to submit the medical bill.
- Punitive damages: A patient may also seek punitive damages in some circumscribed circumstances. These are the damages added to your recovery, unlike the actual damages to punish the medical professional due to his/her conduct. In Alaska, one can only get an award from punitive damages under the below circumstances:
- The medical doctor acted with wrong motives or with malice.
- The medical doctors demonstrated an evidenced irresponsible indifference.
With the strict measures taken to ensure patients are treated with the highest standard of care, sometimes errors occur. If you or your loved one has suffered from a misdiagnosis or inadequate medical care, the best thing you can do is to take a step and know how to find lawyers in Anchorage Ak.
Steps To Follow When Making A Medical Malpractice Claim
Once you or family members of the patient have determined medical negligence that resulted in injuries, you should make bold steps to achieve justice. You should maintain a journal to ensure you record everything you’re experiencing as a result of medical negligence. This is important to provide evidence when filing a lawsuit. Some for the main steps you should take include:
- Talk to the medical doctor involved: In case you believe some errors occurred, talk with your doctor first before deciding to file a claim. If this doesn’t seem to bear fruits, take the next step of seeking legal assistance.
- Look for a lawyer: You should only look for that lawyer who has experience in medical malpractice litigations. This is the only way to ensure you’re in a better position to recover your damages and get a reasonable settlement.
- Get copies of your medical records: This is the primary evidence of proving that indeed some negligence occurred. As soon as you believe there is an excellent ground to have suffered from medical malpractice, request copies of your records. This will enable your lawyer to have the basis of starting in-depth research to determine whether your case is valid.