Brain Injuries Due To Medical Malpractice

by Kristen White Blogger Brain injuries can be caused by all sorts of accidents starting from car accidents, slip and fall, or even during surgery. While every surgery has its own risks, suffering from brain injuries after medical malpractice can bring out life-changing consequences. If your loved one has suffered brain injuries from medical negligence, you have the right to get compensated. But before this, you have to prove that the doctor was negligent enough to cause such an injury.

Brain Injuries Resulting From Medical Malpractice

  Repercussions of brain injuries are far more than an ordinary person would think. Such injuries deserve a lot of sensitivity when it comes to legal matters. Therefore, if you or your loved one has suffered such injuries, you can consider looking for best lawyer for personal injury who can guide you on how to go about your case. The reason is that brain injuries can have severe negative impacts on the patient. They may even lead to death. Shockingly, even minor injuries can escalate and make the family spend their finances for treatment. Other than surgery, brain injuries resulting from medical malpractice can occur in other circumstances such as misdiagnosis or wrong medical prescriptions. Any personal injury claim is based on the theory of negligence. Thus, for any plaintiff to file a medical malpractice lawsuit and win, they must prove that:

• The surgeon who operated on the plaintiff was supposed to be reasonably careful. He/she owed the plaintiff a duty of care.
• The surgeon failed to act with reasonable care while conducting the surgery.
• The surgeon’s actions led to the plaintiff's brain injuries.
• Due to brain injuries, the plaintiff suffered measurable losses.

 Suppose you are looking forward to filing a brain injury claim. In that case, the first thing you would consider is looking for best lawyer for personal injury, a lawyer who has specialized in brain injury litigations. With the lawyer, you will know the legal basics of your case and more so, know which evidence is needed for a successful claim.

 Requirements For A Successful Brain Injury Claim

 Unlike other types of personal injury cases, medical malpractice cases have their own set of procedural requirements needed when making a claim. Brain injuries are hard to detect. In the same case, when one needs to file a claim, they must obtain the right evidence. The best way to gather the right information for a successful claim is to have top Anchorage attorneys work on your case. Every state has its own rules when it comes to medical malpractice claims. In Alaska, one must apply these rules. They include:

• Statute of limitations: According to Alaska medical malpractice laws, any injury case must be brought within two years after the medical malpractice case. Time starts when the accident occurs. However, if the patient never discovered the injury, the time starts running when one discovers the injury.
• Expert testimony: In most brain injury cases, there must be expert testimony before commencing a trial
• Medical review panel: Such is to review a potential cause of action to determine whether the medical malpractice claim is viable.
• Damage caps: Alaska medical malpractice laws limit the amount one can receive as compensation for their claim, which doesn’t apply to the economic losses stemming from the malpractice.

 Medical malpractice cases need legal help from top Anchorage attorneys. The plaintiff doesn’t have to bear the burden of failure to return to work due to the injuries suffered or drain financially due to medical expenses needed for further treatment. Through legal consultation, one preserves the plaintiff’s legal rights.

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Created on Dec 3rd 2020 04:58. Viewed 225 times.

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