Medical Injury FAQs

If you believe medical care caused serious injury or the loss of a loved one, there are a few important steps to take:

• Seek appropriate medical care and follow your provider’s instructions.

• Request and keep copies of your medical records.

• Write down what happened, including dates, providers involved, and any symptoms or changes you experienced.

• Contact an experienced attorney to determine whether your case warrants further review.

Early evaluation is important, as medical injury claims involve strict deadlines and detailed evidence.

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and that failure causes injury or death.

This can include:

• Missed or delayed diagnoses

• Surgical or procedural errors

• Medication mistakes

• Failures in patient screening or monitoring

• Inadequate follow-up care

Not every bad medical outcome is malpractice. The main question is whether the standard of care was breached and whether that breach of the standard caused the harm.

Medical malpractice cases require careful evaluation. In general, a claim may exist if:

• A medical provider made a serious error

• The error fell below accepted medical standards

• The error directly caused significant injury or death

All cases require review by a qualified expert before a determination can be made. An attorney can help coordinate that review and explain your options.

A medical injury claim must be supported by a qualified medical expert who has reviewed the care that was provided and determined that the care fell below the accepted standard of practice and that this error led to the harm suffered. The degree of medical certainty required for the expert's opinion is 'more likely than not’.

This expert review is a key part of deciding whether a case can be responsibly pursued.

Generally, medical injury claims, like other forms of negligence in Alaska, must be filed in court within two years of the date of injury.  However, if the potential claim was not reasonably discovered until some time after the breach/injury, the two-year time clock starts with either the date of discovery or the date it reasonably should have been discovered.

Depending on the circumstances, compensation may include:

• Medical expenses and future care costs

• Lost income or reduced earning capacity

• Pain, suffering, and emotional distress

• Damages related to wrongful death

Every case is different, and available compensation depends on the facts and Alaska law.

No. Medical injury cases are complex, expensive, and time-intensive. Ben carefully evaluates each potential claim and works with medical experts to determine whether there is sufficient evidence to move forward. Not every case qualifies, but every inquiry is treated with care and respect.