Medical Malpractice in Badger, AK

It is not unusual for medical malpractice lawsuits to create flashy headlines. For instance, the Anchorage Daily News reported a $1.7 million judgment in 2016.

What often gets lost in this type of story is the reason for the eye-popping numbers is their purpose. Victims of negligence from Badger could face a lifetime of follow-up care and pain. It takes a significant amount of money and treatment to make this possible.

Are you ready to get the settlement you deserve? Then read this article carefully and request help from a passionate legal advocate today.

What Evidence Do I Need for Badger, Alaska Medical Malpractice Claims?

The burden of proof during a medical malpractice lawsuit is on the injured party. Accordingly, there are several conditions you have to demonstrate to win your case. An experienced Badger, AK lawyer can organize a strategy to show the following:

• There was a doctor-patient relationship.
• The doctor was negligent in their diagnosis or treatment. It is crucial to note that disagreeing with their assessment or practice is not enough to prove this element. 
• There was a cause and effect to your long-term injuries that did not have to do with pre-existing conditions.
• The injury you suffered led to further harm. You must demonstrate a direct connection between a doctor’s actions and this discomfort. This standard applies to multiple types of pain you may experience.

Alaska Statutes do not assume negligence on the part of the clinic or doctor that gave you treatment. In fact, a plaintiff from Badger has the burden of proof in this type of civil case. The elements your attorney will have to demonstrate in court are:

• Doctor did not use appropriate care or technique for the circumstances

• Lack of knowledge or skill to provide treatment

• The doctor took actions that caused injuries that would not have happened otherwise

Hospital Responsibility

It is natural to wonder if you can sue the Badger hospital or facility where you received treatment. Most do not have a legal precedent for suing the hospital instead of the doctor. Many of them work as independent contractors as a liability shield.

Nurses and other staff members are likely direct employees. So, if one of them is guilty of malpractice, you can sue the clinic or hospital. This employment status has to apply, or the facility in Badger, Alaska is not liable.

The Varying Types of Medical Malpractice

There are several categories your claim may fall under currently. You will have to meet the criteria for one of the following:

• Failure to Diagnose – the doctor misdiagnosed your condition and caused an injury
• Failure to Disclose Risks – the doctor did not inform you of the risks of a procedure or medication. Alternatively, they did not meet their duty of informed consent. As a result, you did not have an appropriate opportunity to make an educated decision. 
• Wrongful Treatment – the doctor treated you in a manner that other medical professionals would recognize as incorrect or negligent.

Other events can justify filing a civil action. A few examples to consider are: 

• Surgical errors
• Ignoring or misreading test results 
• Performing unnecessary procedures
• Failing to follow up with adequate care

Damages Available in Badger, AK

There are three types of damages the courts can award for medical malpractice:

• General damages for emotional or physical suffering
• Punitive damages that punish the doctor or facility for their negligence
• Special damages for medical bills, lost wages, and mileage

There have been substantial developments regarding damage caps for medical malpractice. According to public broadcasting sources, the Alaska Supreme Court has ruled them unconstitutional. However, your attorney in the Fairbanks area will need to consider some limitations to this ruling. Your circumstances in Badger may not qualify under the new guidelines.

Statute of Limitations

There is a statute of limitations for medical malpractice lawsuits that depend on state law. If you fail to start a civil action in time, the court may dismiss your claims with prejudice. Unfortunately, it does not matter how much merit there is to your case.

Alaska law sets a two-year limit for medical malpractice lawsuits. This clock starts ticking for Badger residents from when they suffered or discovered their injuries.

Medical Malpractice Review Panels

Some states make it a requirement to send your claim to a panel of medical experts first. These professionals will examine the evidence and review expert testimony to decide if malpractice occurred.

It is crucial to remember that their determination is not the same as a court’s decision. Regardless, their findings can be a significant factor in your lawsuit. It can lend credibility and influence a judge or jury on their ruling.

The Alaska Department of Health accepts malpractice complaints from patients in Badger. They have the authority to investigate issues like unsanitary conditions, abuse, or neglect. Anyone who doesn’t feel confident with the Complaint Intake Form, consider speaking to a local attorney before submitting it.

Do I Need to Hire an Attorney?

It can be a complex and onerous task to prove medical malpractice happened in Badger, Alaska. Accordingly, organizing a case while you suffer from a doctor’s actions can be overwhelming. These challenges are why we recommend scheduling a consultation with a personal injury attorney in Badger. 

A medical malpractice attorney can help you in many ways. Working with an attorney means they will often take care of the following:

• Building support for your case
• Collecting vital evidence
• Finding expert witnesses to testify
• Helping you prepare for a review panel
• Taking your claim through the court process

Work with an Experienced Local Lawyer in Badger, Alaska

Since your case is incredibly important to you, it makes sense to seek legal help. You should at minimum consult with a qualified Badger attorney who is familiar with such cases. We can even help you connect with an attorney across Alaska state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!