When a Medical Injury Seems to Speak for Itself Key Takeaways: Res ipsa loquitur has a limited role in Alaska medical malpractice claims, applying only in narrow circumstances where negligence appears to be the most reasonable explanation for an injury. The doctrine traditionally requires that the harm ordinarily does not occur without negligence, that the...
Personal Injury
The Timing Question That Can Decide Your Malpractice Case Key Takeaways: In Alaska, the medical malpractice filing clock does not always start when negligence occurred; under the discovery rule, it begins when you discover, or reasonably should have discovered, that malpractice caused an injury. Most claims follow the two-year deadline in AS 09.10.070(a), but courts...
Medical Malpractice Deadlines in Alaska: What You Need to Know Key Takeaways: In Alaska, you generally have two years from the date a medical malpractice claim accrues to file suit under Alaska Stat. § 9.10.070(a), a rule shaped by the state’s 1997 civil-justice reform. Accrual may be delayed by the discovery rule, which starts the...
Understanding How Alaska Limits Pain and Suffering Awards Key Takeaways: Alaska caps noneconomic damages, pain, suffering, emotional distress, and loss of enjoyment of life, in most medical malpractice cases at $250,000 under Alaska Stat. § 9.55.549, but this limit is only part of the picture. The cap rises to $400,000 when malpractice causes wrongful death...
Exsanguination is the medical term for severe blood loss that can become life-threatening if not treated quickly. Commonly referred to as “bleeding out,” exsanguination may occur after a traumatic accident, violent assault, or medical emergency. Because the body relies on blood to deliver oxygen and nutrients to vital organs, significant blood loss can rapidly lead...
If you were hurt in an accident, you may expect your case to settle quickly. Unfortunately, personal injury claims often take longer than people expect. You might feel frustrated when medical bills pile up, and insurance companies continue calling while your case drags on. The truth is, there are many reasons a personal injury case...
Recovering from a serious injury is hard enough without the added worry that Alaska’s compensation laws for pain, suffering, and other non-economic damages may not reflect current realities. That’s where Alaska House Bill 316 (HB 316) comes in. This law aims to update damage caps in personal injury and wrongful death cases so compensation reflects...
Getting a jury duty summons can disrupt work, childcare, travel plans, and daily routines. That leads many people to wonder if it is possible to get out of jury duty in Alaska. In most cases, the court expects you to appear, but Alaska courts do allow certain people to request an excuse, a postponement, or...
