Eagle River Medical Malpractice Lawyer

Modern medical care can be extraordinary, providing pain relief, mobility, and even extending life for critically ill patients. When the medical care a patient receives endangers their health, it is equally as life-changing for the worse. When practitioners fail to perform their duties, patients suffer tremendously.

Contact our Eagle River medical malpractice lawyer team at Farnsworth & Vance to discuss medical care that compromises your health or the welfare of someone you love. It may be possible to file a claim or civil action to recover your damages and receive the care you deserve. Scheduling a free consultation with an Eagle River personal injury lawyer with our firm is the first step in securing a legal advocate invested in your recovery.

Why Choose a Medical Malpractice Attorney With Our Firm

Our Eagle River, AK, medical malpractice lawyers understand the complex hurdles to compensation that stand in the way of patients and family members impacted by medical malpractice. The results we fight for, securing millions in recoveries and medical debt forgiveness, are significant to you, not only to account for current damages but to provide the future care you need.

Our decades of professional and personal experience contribute to our empathy and willingness to seek solutions unique to your claim. We strive to provide you with informative insight about your claim or lawsuit so that you can make the best personal choices to benefit you. Working together, we seek to provide you with every alternative to improve your outcome.

How a Medical Malpractice Lawyer in Eagle River, AK, Can Help You

A medical malpractice lawyer with our firm can assist with these and other legal needs:

Filing actions to preserve critical healthcare documentation
Mediating on your behalf with insurance companies and medical providers
Taking on critical legal tasks while you focus on recovery and life
Keeping you informed about your claim or lawsuit
Working with medical experts to document your claim
Fairly evaluating your damages
Negotiating the maximum settlement available to you or litigating a lawsuit in court

We aim to remove the roadblocks that stand in the way of your legal rights. We will discuss your legal options and guide you through the timeline of settling a personal injury claim.

How To Prove Medical Malpractice?

Multiple factors may occur, indicating potential negligence is the cause of your injuries. However, specific factors must exist to file a medical malpractice claim. Legal action is not possible without the following components:

You and a care provider have a doctor-patient relationship
Evidence that you did not receive the expected standard of care and treatment or the lack of care falls below the accepted standard practices
Negligence in your care is the reason for your injuries
Medical malpractice is the cause of your damages

An Eagle River, AK medical malpractice case can fall by the wayside without a thorough, timely investigation into your claim. Accessing hospital records about your care and other vital evidence may only occur through legal action. A medical malpractice attorney will work to prevent the altering or destroying of documentation supporting your claim.

What is the Standard of Care?

Medical providers should follow a protocol for care to address particular health issues. Initiating care should be consistent with medical guidelines and what other providers in that field and with similar skill levels under similar circumstances would do. Treatment outside of that standard may fail to meet the standard of care.

Treatments, surgeries, medications, and other medical applications may not produce the outcome you hope for. Unfortunately, you may experience negative consequences from the care you expect to improve your life. The difference between an error, unwanted outcome, and negligence is determined by the standard of care you receive. Our medical malpractice attorneys will relentlessly work to identify actions that fall outside the standard of care.

Examples of Medical Malpractice in Eagle River, AK

Contact our team if the medical care you receive harms you or a loved one. A member of our team can review your case for potential medical malpractice. Medical malpractice examples may include:

Failing to provide a patient with the necessary information about their care before consent is given to a provider, including failing to explain the risks and benefits of a procedure
Diagnosis errors, such as delaying or failing to diagnose or misinterpreting medical diagnostic tests
Performing the wrong procedure or operating on the wrong part of the body
Using unsafe or unnecessary surgical practices or techniques
Misprescribing medications by giving the wrong medication or the wrong dosage
Communication or documentation errors between physicians and other medical staff that disrupt the continuum of care
Failing to provide follow-up care or treatment after a procedure

Other actions by a medical provider or medical team may impact your health. Healthcare providers should strive for the most optimal outcome in patient care. Recovering damages through civil action does not ensure restoration of your health. However, a medical malpractice attorney will advocate for accountability from a provider for their actions.

Who May Be Liable for Medical Malpractice in Eagle River, AK?

Patient care often occurs under a medical team’s care, whether visiting a doctor’s office or having a surgical procedure. Each party owes you a duty to care. Failing to meet this duty may require the following individuals or entities to be responsible for your damages:

Doctor, surgeon, surgical specialist, or supervising practitioner
Nurse practitioner
Nurse or nurse’s assistant
Anesthesiologist
Hospitals and their administration
Laboratory or testing facility
Pharmacist
Nursing home
Drug company
Medical device manufacturer

Doctors’ offices, laboratories, and other medical facilities are liable when they fail to hire qualified staff. When this occurs, the facility and the healthcare provider may be liable for your damages. Some of our most notable successes at Farnsworth & Vance are the medical malpractice cases we represent.

What Compensation May Be Available in a Medical Malpractice Claim?

Compensation for medical malpractice damages will vary depending on your unique circumstances. Medical negligence can be financially devastating for a patient. It may also impact various aspects of your life. When calculating your compensation, a medical malpractice lawyer in Eagle River, AK, will discuss the following damages with you:

All medical costs, including ongoing care
Rehabilitative therapies
Medication costs
Lost wages, income, and potential bonuses
Loss of earning potential
Out-of-pocket expenses
Home service costs you performed before injury
Pain and suffering
Loss of enjoyment of life

Your medical malpractice attorney will work closely with you to identify all your damages. Accounting for future care, inflation, and other crucial factors strives to ensure getting medical care is possible. Without experienced legal representation, the insurance company may significantly undervalue your claim.

Because non-economic damages, such as lost enjoyment in life or your amount of suffering, have no standard equivalent in currency, undervaluing or failing to account for these damages often occurs. Farnsworth & Vance will fight for the full value of your claim, even the more challenging damages to quantify, that are equally as impactful on your life.

Can I Be Compensated for a Loved One’s Death Due to Medical Malpractice?

Losing a loved one due to medical malpractice can devastate a family financially and emotionally. The overwhelming reality can prevent a family from taking critical legal steps to preserve evidence in a claim. An Eagle River, AK, wrongful death attorney with our firm can offer the compassionate guidance you need while taking immediate action for you. In addition to the damages a patient may receive, families suffering the wrongful death of a loved one may receive compensation for the following damages:

Funeral and burial costs, including other end-of-life expenses
Ambulance services or transportation costs
Loss of household services support
Loss of companionship
Loss of consortium
Loss of inheritance

After losing someone you love, you should never lose the right to compensation. We understand how pursuing legal action may feel impossible. Our team will do the legal work for you to adequately prepare you for the future and any financial challenges.

Are Damages Capped on an Alaska Medical Malpractice Claim?

Economic damages, the costs to you with a quantifiable dollar amount, such as medical care, may be fully compensated. These costs may include future economic expenses, so evaluating your damages is essential in determining your future needs effectively.

In a medical malpractice case, Alaska establishes caps for noneconomic damages (AS 09.55.549). However, these caps do not apply when medical malpractice damages result from reckless or intentional misconduct. Otherwise, noneconomic caps apply as follows:

Medical malpractice not resulting in death or severe injury causing 70% or less severe permanent impairment: $250,000
Medical malpractice resulting in death or severe injury, resulting in a severe permanent impairment that is 70% or more disabling: Not to exceed $400,000 or the deceased’s life expectancy in years multiplied by $8,000, whichever is greater

A jury may award punitive damages to punish a medical provider for their actions and to discourage others working in a similar capacity from committing similar negligence. The amount awarded for punitive damages varies based on the negligent party’s actions. This compensation may provide significant monetary relief for you or a deceased’s family. Though the awarding of punitive damages is rare, we will pursue these and other compensations available to you.

Can Patients Be Partially Liable for Their Damages in a Medical Malpractice Case?

Alaska follows pure comparative fault laws, which allow patients to be found partially liable for their damages. Any fault attributed to you in a medical malpractice claim allows the insurance company to reduce your compensation by your percentage of fault. Attributing unnecessary fault to you is one way the insurance company can reduce the compensation they owe you. Your medical malpractice attorney will fight against unnecessary contributions of fault to you to protect your claim. Reasons a patient may be found partially liable for their damages include:

Not following doctor’s orders
Failing to disclose pertinent information to a medical provider
Having a preexisting condition
Failing to follow medication instructions

Your actions after receiving medical care are as vital to your health and may impact your claim. Openly discussing every aspect of your medical care and participation in the medical process with your legal advocate is crucial. Speaking with the insurance company about your claim before consulting a medical malpractice lawyer or posting on social media may also create negative repercussions that impact your claim.

When Should You Contact an Eagle River, AK Medical Malpractice Attorney?

Reaching out as soon as possible with concerns about any care that has negative consequences on your health is recommended. Preserving evidence is critical in your claim. We may also be able to recommend specific steps for getting the care you need or documenting your claim.

Medical malpractice is not always evident immediately following a medical procedure. Only the passing of time may uncover your damages. Reach out as soon as you discover your injuries.

Time Limits for Filing a Medical Malpractice Lawsuit in Alaska

In most cases, you must file a claim two years from the date of suffering injuries due to medical malpractice. However, discovering your injuries at a later time may pause the start of the time you have to file a claim. Additionally, extending the time limit for filing a claim may be possible under the following circumstances:

A patient suffers from a legal disability
The patient is a minor
The care provider causing your injuries leaves the state

The two-year time limit to file a medical malpractice claim begins when a legal disability ends, a minor turns 18, or the provider who injures you returns to Alaska. Patience is critical under extenuating circumstances. Filing a claim as soon as possible allows our team to ensure any evidence and remain prepared when the clock starts ticking.

Discuss a Potential Claim With Our Eagle River, AK, Medical Malpractice Lawyers

Waiting to call Farnsworth & Vance can cost you critical compensation. Once we determine you have a case through a free consultation, an Eagle River, AK, medical malpractice attorney with our team will represent your claim on a contingency fee basis, so you will pay nothing unless we secure a settlement or verdict. Contact us online or by calling 907-416-9068 anytime you need our assistance.