Anchorage, AK (PRWEB) March 30, 2011
In Afcan vs. The United States, ( Slip Copy, 2011 WL 798146, D.Alaska, March 02, 2011), the United States District Court for the District of Alaska entered a verdict of $233,939 in a medical malpractice action against the St. Mary’s Subregional Clinic and the Yukon Kuskokwim Health Corporation (“YKHC”) in Bethel, Alaska. YKHC is an Indian Health Care Services provider which delivers health services in Southwestern Alaska. The St. Mary’s Subregional Clinic is part of the YKHC health system.
The mother of a 14 month old son initiated the medical malpractice matter through her attorneys at the Power and Brown law firm. In the mother’s initial complaint, she alleged during January, 2007, her son received inadequate medical care from the St. Mary’s Subregional clinic. As a result of the inadequate medical care her son developed sepsis (MRSA), which required extensive medical treatment and caused the mother emotional distress.
Under Alaska law, to recover damages on a medical malpractice claim, a plaintiff must prove by a preponderance of evidence the applicable standard of care, a breach of the standard of care, and damages caused by the breach.
During trial the mother established she took her son to the Subregional Clinic on two occasions to be treated for crankiness and an area of redness, which was later identified as a boil. On both occasions the mother was sent home with medication for her son and warm compress instructions for the area of redness. Within two days of the last visit, her son was non-responsive.
Following trial before the Court, the United States District Court for the District of Alaska ruled the mother proved by a preponderance of the evidence that the applicable standard of care required an incision and drainage of the red area no later than the time of her second visit. The Court further ruled the mother proved by a preponderance that YKHC violated the standard of care and that this violation caused her son’s sepsis.
As a result of YKHC‘s violation of the standard of care, following trial the Court entered judgment in the total amount of $233,939, and recited in the judgment that this total is comprised of economic damages of $88,939 and non-economic damages of $145,000.
Attorneys at the Power and Brown law firm works on behalf of plaintiffs throughout Alaska, including personal injury, medical malpractice, and wrongful death.