Alaska (AK) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Alaska.
Damage Cap
Formula-based cap: the greater of $400,000 or the injured person's life expectancy in years multiplied by $8,000
Statute of Limitations
2 years from the date of the malpractice act
Discovery Rule
Alaska applies the discovery rule, tolling the statute until the patient knew or should have known of the injury, subject to a 10-year statute of repose.
Pre-Filing Requirements
Plaintiffs must obtain a certificate of merit from a medical expert before filing suit.
Average Settlement
$175,000 - $400,000
Average Verdict
$300,000 - $900,000
Key Facts About Alaska Medical Malpractice Law
- 1Alaska uses a pure comparative fault system, reducing damages by the plaintiff's percentage of fault.
- 2Expert witnesses must be licensed in the same or similar specialty as the defendant.
- 3Punitive damages are limited to the greater of $500,000 or three times the compensatory damages.
- 4The state has a mandatory pre-suit expert certification requirement under Alaska Stat. § 09.20.185.
Need Help with a Alaska Medical Malpractice Case?
If you believe you have a medical malpractice claim in Alaska, it is important to act quickly. The statute of limitations in Alaska is 2 years from the date of the malpractice act. Most medical malpractice attorneys offer free initial consultations.