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Medical Malpractice


We Can Hold Negligent Doctors and Hospitals Accountable - (888) 295-6566

Unfortunately, millions of patients are affected by medical malpractice every single year. According to data from Johns Hopkins Medicine, more than 250,000 deaths each year are attributed to medical negligence, making it the third leading cause of death in the United States.

Communities become less safe when healthcare practitioners make foolish mistakes due to:

  • Lack of training
  • Negligence
  • Other factors

At the Law Offices of David Henderson, the goal of our Anchorage medical malpractice attorney is to provide options for people facing this challenging situation.

Your case matters whether you have suffered at the hands of a:

Come to my office for a free consultation and see if my services would be right for you. If you have been severely injured, trying to recover from the damage is hard enough without having to worry about costs and similar concerns. My goal is to help you actually move on with your life and receive hope for a better future.

Schedule a free consultation with me today to see how I can help you! Call (888) 295-6566.

Anchorage Medical Malpractice Lawyer Fighting for Your Rights and The Rights of Your Family

I have chosen to work hard in the area of medical malpractice because I believe that healthcare professionals are the ones who should help you feel safe. My work helps to discourage malpractice that jeopardizes the safety of patients in Anchorage.

My firm is experienced in handling all types of malpractice claims, including:

  • Surgical errors: Surgery is inherently risky, therefore errors do occur. With that being said, actions such as performing unnecessary surgeries, negligently cutting nerves or arteries, leaving surgical instruments inside patients, operating on incorrect body parts, or failing to protect against post-operative infections can give rise to a malpractice claim.
  • Medical misdiagnosis: Diagnostic errors are medical mistakes which involve a doctor's incorrect identification of a disease, injury, infection, or other condition.
  • Anesthesia errors: Despite being a vital tool of modern medicine, anesthesia must be administered carefully and in precise doses to avoid harm to patients.
  • Medication errors: Medications that are administered or prescribed in improper doses, prescribed unnecessarily, or administered despite a patient's known allergy can result in serious harm.
  • Federal tort claims: The Federal Tort Claims Act (FTCA) gives citizens the ability to file lawsuits against the government for issues such as Veterans Affairs (VA) hospital malpractice and other government-funded medical care.
  • Failure to diagnose: If a doctor fails to diagnose a medical condition, especially severe diseases such as cancer or heart disease, serious problems can occur.
  • Birth injury / cerebral palsy: If your child suffered a preventable birth injury or developed cerebral palsy due to a doctor's negligence, you may be eligible to pursue compensation.
  • Brain & Head Injuries
  • Nursing Home Abuse
  • Allergic Reactions

How Common Are Medical Malpractice Claims and Payments in Alaska?

Over the past 30 years, nearly 3,000 adverse action reports (AARs) have been submitted in Alaska, detailing enforcement actions against medical providers. On top of that, many patients have taken a caregiver to court after a bad outcome. Since 1990, our state has seen over 700 doctors or other healthcare professionals pay settlements to patients after a malpractice claim.

AAR numbers have been on an upward trend during the observed time period. Medical malpractice payments, on the other hand, have seen a small decrease. This doesn’t necessarily mean instances of malpractice have decreased, as many patients who have standing to bring a suit choose to abstain. However, average claim rates have stayed fairly low.

In Alaska, around 25 claims are made per million residents each year. Combined, doctors pay an average of $8.5 million to resolve complaints. Alaska limited non-economic damages (pain and suffering, loss of enjoyment, punitive measures, etc.) recently, causing payment averages to drop, but there are no caps on economic damages. If you’re injured by a doctor’s negligence, you may be able to receive the full amount of your medical and other related costs.

Alaska's Medical Malpractice Laws

It is important to remember that poor medical results do not always indicate that malpractice occurred. Under Alaska Statutes section 09.55.540, medical malpractice claims must satisfy several elements to be valid.

To prove medical malpractice in Alaska, you must provide evidence that:

  • A doctor-patient relationship existed between you and the defendant
  • The defendant failed to adhere to the appropriate medical standard of care that a similar healthcare provider would have provided
  • This breach of care caused you to suffer damages that otherwise would not have been incurred

While they may seem simple, proving these elements can be a highly complex process requiring expert witness testimony, thorough investigations of medical records, and an intimate understanding of medical malpractice case law.

What Is the Difference Between Medical Malpractice and Medical Negligence?

Can you sue a negligent doctor for malpractice, or do they have to willfully cause damage? Under Alaska law, a doctor’s intent doesn’t matter so much as their performance. If they fail to follow the standards expected of someone in their position or don’t provide the care necessary to avoid further risks, you may be able to take action.

An analysis of hospital data has shown that medical malpractice can be catastrophic:

Most of these tragedies aren’t caused by a doctor who is willfully, or even recklessly, endangering patients. However, faulty systems, a disregard for standard procedure, or clinician inattention can have just as much impact on patient health.

The one major difference between negligence and maltreatment suits lies in the damages: a doctor who made a mistake is much less likely to get hit with punitive damages than one who knew they were doing the wrong thing but did it anyway.

Alaska Medical Malpractice Statute of Limitations

Alaska has a two-year statute of limitations for medical malpractice claims, meaning that you must file a claim in civil court within two years of the date that the malpractice occurred to pursue damages. If you file a claim after this deadline expires, your case will most likely be dismissed and you will be unable to seek legal recourse.

Alaska's medical malpractice statute of limitations can sometimes be extended if:

  • You did not discover the malpractice until sometime after it occurred
  • The malpractice victim was a child under 8 years old
  • The defendant left the state after committing the malpractice
  • The malpractice involved extreme negligence, was intentional or was intentionally hidden

Since adhering to this deadline can make or break your case, it is important you speak to an Anchorage medical malpractice lawyer as soon as possible to ensure your rights are protected.

Damages for Medical Malpractice in Alaska

Medical malpractice victims in Alaska can seek compensation for a variety of damages, including:

  • Medical bills
  • Lost earnings
  • Physical therapy costs
  • Pain and suffering
  • Wrongful death

Non-economic damages such as pain and suffering, loss of enjoyment of life, and loss of consortium are subject to a cap of $250,000. The Non-economic damages cap can sometimes increase but not exceed $400,000 in cases where wrongful death or severe permanent physical impairment that is more than 70 percent disabling occurs. It is important to consult with my firm to get a more accurate idea of your potential recovery.

Hiring an Anchorage Medical Malpractice Lawyer

If you have suffered harm at the hands of a negligent medical professional, you have already been the victim once. If you choose to deal with insurance companies in the wake of your injuries on your own without legal representation, it is likely that you will be the victim twice.

I understand what you are going through and can provide the strong representation you need to ensure your rights are protected during this time. Having been relentlessly pursuing justice on behalf of victims of malpractice throughout Alaska since 1998, you can trust my firm to deliver the personalized legal solutions you need to maximize your compensation.

Here are just some of the benefits I can bring to your medical malpractice case:

  • I can keep your case on track and help you avoid unnecessary delays
  • I can help you get the quality medical treatment you need, when you need it
  • I can handle all negotiations with insurance companies on your behalf so you can focus on your recovery with peace of mind
  • I can bring objectivity to your case during this emotional time and help you understand all of your legal options
  • I can perform a thorough investigation into your claim and consult expert medical professionals if necessary to further bolster your case

For an experienced Alaska medical malpractice attorney that will fight for your rights, contact me at (888) 295-6566.

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Why Trust Us?

  • Free Case Consultations
  • More Than 20 Years of Experience
  • Millions Recovered for Clients
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Victories That Speak For Themselves

  • $1.1 Million Back Injuries
  • $1 Million Brain Injury
  • $1.4 Million Defective Product Injury
  • $22.1 Million Medical Malpractice
  • $3.8 Million Medical Malpractice
  • $1.5 Million Medical Malpractice