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Alaska Medical Malpractice Insurance: Statute of Limitations, Requirements and Costs

Alaska Medical Malpractice Laws 

According to AllLaw.com, every state, including Alaska, has deadlines—or statute of limitations—for filing medical malpractice lawsuits. In Alaska, the statute of limitations is two years. The discovery rule is an exception to the standard deadline in instances in which the plaintiff could not reasonably have learned that he/she even had a medical malpractice case. In Alaska, the discovery rule “delays the commencement of the statute of limitations until the date that the medical malpractice victim has information sufficient to alert a reasonable person to the fact that he has a potential claim for medical malpractice.” As for minors in Alaska, if a child under eight years of age is the victim of medical malpractice, the statute of limitations does not start until the child’s eighth birthday.

Alaska follows a "pure comparative negligence" rule which means that if a plaintiff is found to be negligent with respect to an injury, illness, or medical condition, the award of damages is diminished in proportion to the plaintiff’s fault. If, for example, you were awarded $50,000 in damages, but were found 10% at fault, your damages would be reduced to $5,000.

Medical Malpractice Alaska: Facts & StatistIcs

  • In 2016, Alaska had 4,049 licensed physicians within a population of 741,894 residents, equaling 546 physicians for every 100,000 people.
  • Medical malpractice suits in 2015 were 21.8 per 100,000 residents, with a total payout of $5.7 million. This represents a 31.06% decrease from 2014. In 2015, Alaska ranked 24th in medical malpractice lawsuits.
  • The most common three types of medicine practiced in Alaska as of 2014 were family medicine/general practice, internal medicine, and pediatrics.
  • Medical malpractice lawsuits are most often filed due to: surgical errors, misdiagnosis, alleged prescription drug mistakes, failure to diagnose, failure to treat a medical condition, and an unreasonable delay in treatment for a disease or condition that has been previously diagnosed, among other reasons.

Costs, Requirements, and Limitations:

  • Industry Average Cost of Medical Malpractice Insurance in Alaska: $10,279
  • Is Medical Malpractice Insurance Required in Alaska? No, but it highly recommended to protect personal assets from legal fees and payouts.
  • Minimum Medical Malpractice Insurance Carrying Requirements in Alaska: None, but as mentioned, it is highly recommended.
  • What are the medical malpractice damage caps in Alaska? $250,000 for noneconomic damages, bumped to $400,000 for cases that involve severe impairment higher than 70% and for wrongful death.
  • What is the “statute of limitations” for a medical malpractice complaint in Alaska? 2 years, Alaska Statutes section 09.10.070

 

 

Medical Malpractice Insurance in Alaska
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