Alaska Statutes Title 09, Chapter 09.55, Article 06 - Medical Malpractice Actions

• Sec. 09.55.530 Declaration of Purpose.
  The legislature considers that there is a need in Alaska to codify the law with regard to medical liability in order to establish that...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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;...

Last modified: November 15, 2016