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Statute of Limitations

Actions must be brought within 2 years. If plaintiff is a minor or mentally deficient, the 2 years begins when the impediment is over.

Comparative or contributory negligence

Pure comparative negligence

Nature of accused's liability

Alaska law is that of allocated several liability, where each defendant is allocated a proportion of blame.

Law of contribution

N/A

Expert testimony standards

If arbitration is rejected, the court can appoint a three person expert panel to investigate the case, the panel must give testimony within 30 days. The panel's decisions are admissible as expert testimony.

Limits on compensation

The greater of $400,000 or $8,000 multiplied by life expectancy. In cases of severe disfigurement, the greater of $1,000,000 or $25,000 multiplied by life expectancy.

Limits on attorney fees

None

Collateral Source rule enforced

Compensation is limited to damages in excess of funds from collateral sources. There are some exceptions.

State and local health care providers immune from liabaility

The State of Alaska is liable for the actions or omissions of its employees, unless state employess was exercising due care in performing a duty.

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability