Alaska Medical Malpractice Laws

No medical malpractice suit may be filed more than 10 years after the date of the underlying medical error, even if the injury was not discovered during that time.

The statute of repose is tolled (paused) when a foreign object is left in the patient's body, until the object is discovered or reasonably should have been discovered.

The statute of repose does not apply when the injury was caused by intentional misconduct, gross negligence, fraud, or intentional concealment of facts that would put the patient on notice.

For minor children, the statute of limitations is tolled until the child reaches age 18.

Noneconomic damages (pain and suffering, loss of enjoyment of life, etc.) are capped at $250,000 regardless of the number of health care providers. The cap increases to $400,000 if the malpractice resulted in death or severe permanent physical impairment exceeding 70% disability.

There is no cap on economic damages (medical bills, lost wages, future care costs) in medical malpractice cases.

The noneconomic damage cap does not apply if the damages resulted from reckless or intentional misconduct by the health care provider.

Within 20 days after an answer is filed, the court appoints a three-person expert advisory panel unless the court determines an expert opinion is unnecessary. The panel reviews the case and issues a report within 30 days. Discovery is generally stayed until the report is received or 60 days after panel selection.

Expert witnesses must be certified in the same specialty as the defendant health care provider.

The court appoints a three-person expert advisory panel early in litigation. The panel may examine witnesses, review records, and physically examine the patient. Their report can be admitted into evidence at trial as expert testimony.

A health care provider is liable for performing a procedure without the patient's informed consent. The provider must disclose the nature of the procedure, risks, alternatives, and the likely consequences of not having the procedure.