Statute of Limitations |
Medical Claim Generally:“Except as otherwise provided by law, a person may not bring an action … for personal injury or death … unless the action is commenced within two years of the accrual of the cause of action.” The plaintiff has two years from the date of treatment to bring a medical malpractice claim. [AS § 09.10.070(a)] However, Alaska recognizes the discovery rule. The Alaska Supreme Court established that the “discovery rule is most clear in cases where the plaintiff’s injury is undiscovered and reasonably undiscoverable within two years after it was caused, it also applies to cases where the injury is known but its cause is unknown and reasonable diligence would not lead to its discovery.” Pedersen v. Zielski, 822 P.2d 903, 906 (Alaska 1991) “The relevant inquiry is the date when [the plaintiff] reasonably should have known of the facts supporting her cause of action.” [Russell v. Municipality of Anchorage, 743 P.2d 372, 375 (Alaska 1987)] Minors:The Supreme court of Alaska established that plaintiffs injured when they were minors to bring suit through the two-year period following their eighteenth birthdays, when they reach the age of majority. [Sands ex rel. Sands v. Green, 156 P.3d 1130, 1132 (Alaska 2007)] Wrongful death:There are no specific provisions on wrongful death and, therefore, actions must be commenced within two years of the death. |
Damage Caps |
Alaska Stat. § 9.55.549(d) (2024) caps noneconomic damages in a medical malpractice case at $250,000. This cap applies regardless of the number of providers who were at fault. If the malpractice results in death or a “severe permanent physical impairment” that’s more than 70% disabling, the cap bumps up to $400,000. (Alaska Stat. § 9.55.549(e) (2024).) In addition, the cap doesn’t apply to injuries caused by intentional or reckless misconduct. (Alaska Stat. § 9.55.549(f) (2024).) |
Attorney Fee Caps |
Alaska currently has no attorney fee caps other than the general requirement of reasonableness. |
Pre-suit Requirements |
In actions against health care providers, if the parties have not agreed to submit any claim to arbitration, the trial court “shall appoint” a three-member “expert advisory panel” to review the case shortly after it’s filed in court. (Alaska Stat. § 9.55.536(a) (2024).) Within 30 days after the panel is appointed, the members must submit a written report to the court and the parties. Discovery may not be undertaken in a case until the report of the expert advisory panel is received or 60 days after selection of the panel, whichever occurs first. (Alaska Stat. § 9.55.536(c) (2024).) If the case later goes to trial, this report can be admitted into evidence and be considered the same as any other expert witness testimony. (Alaska Stat. § 9.55.536(e) (2024).) Members of the panel can be called to testify as experts in court. |
Expert Qualifications |
Expert witnesses must be “a professional who is licensed in this state or in another state or country, trained and experienced in the same discipline or school of practice as the defendant or in an area directly related to a matter at issue; and, certified by a board recognized by the state as having acknowledged expertise and training directly related to the particular field or matter at issue.” [AS § 09.20.185(a)] |
Negligent Credentialing Claims |
A corporate negligence claim requires proof that the hospital should have known that the physician would act negligently before the negligence at issue occurred; such proof generally consists of evidence that the physician either lacked standard credentials or previously had been the subject of a malpractice suit or disciplinary proceedings [Mat-Su Valley Medical Center, LLC v. Bolinder (Alaska 2018)] However, this case did not directly establish a negligent credentialing cause of action or standard. Overall, Alaska has not definitively established a negligent credentialing cause of action, but this case opened the door for further legal arguments about negligent credentialing. |
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