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Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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I had a question regarding medical malpractice, Alaska, and

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Hello, I had a question regarding medical malpractice
JA: Can you tell me what state this is in? And do you have copies of the medical records?
Customer: Alaska, and I only have a few copies of some x-rays I took recently.
JA: Has anything been filed or reported?
Customer: So the injury was back in March and I took the injury to the clinic so they should have records there. Or are you refering to legal action?
JA: No. I'm the lawyer's Assistant.
Customer: The only records of the injury I believe were at that clinic
JA: Anything else you want the lawyer to know before I connect you?
Customer: What kind of information might be helpful?

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

The standard statute oflimitations as it applies to a medical malpractice lawsuit gives you two years to get your lawsuit filed,starting from the date the harm was inflicted. That typically means two yearsfrom when the alleged medicalerror occurred, but in some cases it can mean two years from the dateon which you discover -- or could reasonably have been expected to discover --that you were harmed by medical malpractice.

So you have to two years here to file suit for the medical malpractice.The lawyer will obtain the medical records that are needed and front the expense and labor to get these as part of their representation .

A plaintiff in a medical malpractice action can recover economic damages, such as medical expenses and lost wages. If the injury will take further treatment to repair or is permanent in nature, the plaintiff may receive an award for future medical expenses and lost income. There is no limit to the amount, but any award must be based on documented spending and realistic projections.

A plaintiff is also entitled to recover noneconomic damages for pain and suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, and loss of consortium. When Alaska adopted tort reform, the legislature placed caps on noneconomic damages. The limit is $400,000 or the plaintiff`s life expectancy in years multiplied by $8,000, whichever is greater, and $250,000 for other injuries.

A court can also award punitive damages, but only if the defendant’s conduct in causing the injury was truly outrageous. Punitive damages are limited to three times the compensatory damages (economic plus noneconomic) or $500,000, whichever is greater. But, if the plaintiff hoped to profit by acting outrageously and knew the possible consequences to the patient, the limit soars to $7 million.

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These are contingent fee cases which means you don't pay until there is a recovery.I would urge you to pursue this the lawyer can get the needed records to support the case you have.

I appreciate the chance to help you tonight.Thanks again.

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