The value of your case depends on many factors — including your past and future medical bills, lost wages, how seriously you were hurt, how the injury has affected your life, the strength of your case, the strength of the expert witness testimony, and whether liability is clear or disputed. Call us and we can discuss the details of your case. There is no charge to talk to us.

Medical malpractice cases are evaluated carefully because they are often more complex and expensive to pursue than other injury cases. Cases that involve serious injuries or significant damages are generally stronger candidates for pursuit than cases involving less serious injuries. We look at what happened, whether the health care provider violated the standard of care, whether that violation caused your harm, and how significant the damages are. There is no charge to call us and discuss the details of your case.

There is no charge to talk to us. We do not charge by the hour. We only get paid if you get paid. Our attorney fee is a contingency fee, which is a percentage of the total amount we recover for you, plus reimbursement of our out-of-pocket costs (such as ordering medical records and hiring experts). The exact percentage depends on the type of case you have.  Since our fee is a percentage of what we get for you, we are both on the same team trying to get as much as we reasonably can. If we do not get anything for you, then our attorney fee is zero.

Many medical malpractice cases are settled before trial. Whether your case goes to trial depends on many factors, including the strength of the evidence, the seriousness of the medical error, the extent of your injuries, the opinions of medical experts, whether the health care provider disputes responsibility, and the settlement offers being made.  The decision whether to go to trial is yours. We will give you our advice and recommendations, but the final choice is yours. We prepare every case carefully and are ready to take your case to trial when necessary to pursue a fair recovery for you.

Medical malpractice happens when a doctor, nurse, hospital, or other health care provider fails to meet the standard of care — meaning they did not do what a reasonably competent provider in the same field or specialty would have done in the same situation. Common examples include misdiagnosis or failure to diagnose, surgical errors, medication errors, birth injuries, failure to treat, and hospital negligence.

In Alaska, you generally have two years from the date of the medical error to file a lawsuit in court against the responsible parties. Alaska's discovery rule may give you more time if you couldn’t reasonably have discovered the injury right away. But do not count on extra time: courts apply the discovery rule strictly, and the clock can start sooner than you think.

Different rules apply to federal, tribal, and other federally covered health facilities. If your care was provided through the Alaska Native Medical Center, a tribal health clinic, the VA, the Indian Health Service, or certain federally qualified community health centers, your claim likely falls under the Federal Tort Claims Act, commonly called the FTCA. The FTCA has its own two-year administrative-claim deadline, and its discovery rule is narrower and less forgiving than Alaska’s. You must also complete the FTCA administrative claim procedures before a lawsuit can be filed in court. It also must be determined whether the individual health care provider who made the error is covered under the FTCA — for example, a visiting doctor or outside contractor may not be — because that can change the deadlines and whether the case should be filed in federal court or state court.

Alaska also has a separate absolute deadline called a statute of repose: in general, no matter when you discover the injury, you cannot file a claim more than 10 years after the medical error occurred, with narrow exceptions such as a foreign object left in the body or intentional concealment by the provider. Special rules also apply when the injured patient is a minor, and — as with the discovery rule — these timelines can play out differently depending on whether an FTCA claim is involved. These deadlines are complex, and the wrong assumption can permanently bar a claim.

Do not wait. The sooner you call us, the better we can protect your rights. Evidence fades. Memories fade. Deadlines can pass before you even realize your clock started. Call Schlehofer Law Offices today.

Not every bad medical result is malpractice. Doctors and hospitals cannot guarantee outcomes, and sometimes things go wrong even when a provider does everything right. Medical malpractice happens when a doctor or health care provider fails to meet the standard of care — meaning they did not do what a reasonably competent provider in the same field or specialty would have done in the same situation. If that failure caused your injury, you may have a case.

You must prove four things. First, that a provider-patient relationship existed. Second, that the doctor or health care provider failed to meet the standard of care — meaning they did not do what a reasonably competent provider in the same field or specialty would have done in the same situation. Third, that this failure caused your injury. Fourth, that you suffered actual damages as a result — such as medical bills, lost income, or pain and suffering. All four elements must be proven. This is why having both an attorney and a licensed physician on your side matters so much.

No. The doctor does not have to have meant to hurt you. Medical malpractice cases are about whether the provider met the standard of care — not whether they intended harm. A mistake, an oversight, or a failure to follow proper procedure can all give rise to a valid claim.

You may have a wrongful death claim. Family members may be able to recover compensation for medical bills, funeral costs, lost income, and the loss of their loved one. Call us. We handle wrongful death cases and will treat your family with the respect and care you deserve.

Call us. There is no charge to talk to us. We will listen to what happened and discuss the details of your case. The sooner you call, the better we can protect your rights.

Yes. Signing a consent form means you agreed to the procedure — not to negligence. A consent form does not give a doctor or hospital permission to make mistakes, ignore safety procedures, or fail to meet the standard of care. If you were hurt because of negligence, a consent form does not take away your rights.

In Alaska, a doctor’s apology or expression of sympathy generally cannot be used against them in court. However, if your doctor apologized, that may signal that something went wrong and that you should speak with an attorney right away. Call us and we will help you understand what it means for your case.

You may still be able to recover compensation. Alaska follows a rule called pure comparative negligence. This means that even if you were partly responsible for what happened, you can still pursue a claim. Your recovery may be reduced by the percentage of fault assigned to you — but it is not eliminated. Do not assume you have no case just because you played some role in what happened. Call us and we will discuss the details of your case.