Sec. 09.55.530. Declaration of purpose.
The legislature considers that there is a need in the state to codify the law with regard to medical liability in order to establish that the law in the state in this regard is the same as elsewhere.
Sec. 09.55.535. Voluntary arbitration.
(a) A patient and any health care provider may execute an agreement to submit to arbitration any dispute, controversy, or issue arising out of care or treatment by the health care provider during the period that the agreement is in force or that has already arisen between the parties. Execution of an agreement under this […]
Sec. 09.55.536. Expert advisory panel.
(a) In an action for damages due to personal injury or death based upon the provision of professional services by a health care provider, including a person providing services on behalf of a governmental entity, when the parties have not agreed to arbitration of the claim under AS 09.55.535, the court shall appoint within 20 […]
Sec. 09.55.540. Burden of proof.
(a) In a malpractice action based on the negligence or wilful misconduct of a health care provider, the plaintiff has the burden of proving by a preponderance of the evidence (1) that the plaintiff had a health care provider-patient relationship with the defendant at the time of the act complained of; (2) the degree of […]
Sec. 09.55.544. Evidence.
(a) In a civil action or arbitration under AS 09.55.530 – 09.55.560, notwithstanding AS 09.43.050(2), 09.43.420(a), or 09.43.440(e), the following are not admissible as evidence: (1) an expression of apology, sympathy, commiseration, compassion, or benevolence made orally, by conduct, or in writing by a health care provider or an employee of a health care provider […]
Sec. 09.55.545. Agreement to correct unanticipated outcome or settle claim; legal advice.
An agreement to correct an unanticipated outcome of medical treatment or care or to settle a claim of medical malpractice made between a health care provider and a patient or the patient’s legal representative is voidable if the health care provider has not advised the patient or the patient’s legal representative in writing that the […]
Sec. 09.55.546. Advance payments.
In an action to recover damages under AS 09.55.530 – 09.55.560, no advance payment made by the defendant health care provider or the professional liability insurer of the defendant to or on behalf of the plaintiff is admissible as evidence or may be construed as an admission of liability for injuries or damages suffered by […]
Sec. 09.55.547. Pleading of damages.
In a cause of action against a health care provider for malpractice, the complaint or any other pleadings may not contain an ad damnum clause or monetary amount claimed against the defendant health care provider, except as necessary for jurisdictional purposes.
Sec. 09.55.548. Awards; collateral source.
(a) Damages shall be awarded in accordance with principles of the common law. The fact finder in a malpractice action shall render any award for damages by category of loss. The court may enter a judgment that future damages be paid in whole or in part by periodic payments rather than by a lump-sum payment; […]
Sec. 09.55.549. Limitation on damages from health care provider’s services.
(a) Notwithstanding AS 09.17.010, noneconomic damages for personal injury or death based on the provision of services by a health care provider may only be awarded as provided in this section. (b) In an action to recover damages for personal injury or wrongful death based on the provision of services by a health care provider, […]
Sec. 09.55.550. Jury instructions.
In medical malpractice actions the jury shall be instructed that the plaintiff has the burden of proving the health care provider’s negligence or wilful misconduct in accordance with the standard of proof specified in AS 09.55.540. The jury shall be further instructed that injury alone does not raise a presumption of the health care provider’s […]
Sec. 09.55.554. Immunity for oral contracts.
A cause of action against a health care provider does not arise for breach of an oral contract to provide a cure or achieve a specific medical result.
Sec. 09.55.556. Informed consent.
(a) A health care provider is liable for failure to obtain the informed consent of a patient if the claimant establishes by a preponderance of the evidence that the provider has failed to inform the patient of the common risks and reasonable alternatives to the proposed treatment or procedure, and that but for that failure […]
Sec. 09.55.560. Definitions.
In AS 09.55.530 – 09.55.560, (1) “board” means an arbitration board established under AS 09.55.535; (2) “health care provider” means an acupuncturist licensed under AS 08.06; an audiologist or speech-language pathologist licensed under AS 08.11; a chiropractor licensed under AS 08.20; a dental hygienist licensed under AS 08.32; a dentist licensed under AS 08.36; a […]