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Alaska Medical Malpractice Statute of Limitations
Should an injury or death occur due to a negligent health official, you have the right to file a medical malpractice claim within the state it occurred. However, you cannot wait 10 years to file your claim. Even though each state has their own statute of limitations, finding out what time limit you have to file is imperative to winning your case. In Alaska, you generally have 2 years to file your medical malpractice claims.
Time Limits for Filing a Claim in Alaska
The time limit for filing a claim within Alaska is stated as within two years of the discovery of the condition caused by the negligent act. Should a minor become injured due to neglectful physician, they must file within 2 years plus 1 day of their 18th birthday, or within 2 years plus 1 day of their marriage. NOTE: Marriage in Alaska may occur as young as 14 with proper court approval.
Negligence Laws
It is important to consult your local states negligence laws should you need to file a claim. Alaska has a period of two years to file your claim after you learn that your condition could have been caused by a physician’s careless act. The following table lays out the further applicable codes and laws, which apply, to the state of Alaska:
|
Code Section |
23.25.010 (Employer's liability for negligence) |
|
Comparative Negligence |
Yes, §09.17.060 Contributory fault diminishes proportionately the award based on claimant's fault, but does not bar recovery ("Pure" comparative negligence) |
|
Contributory Negligence-Limit to Plaintiff's Recovery |
Not applicable in Alaska |
|
Contribution Among Tortfeasors |
Yes; §09.17.080(d) |
|
Uniform Act |
No uniform act |
Award Limits in Alaska
In Alaska, there is a cap on certain injuries or damages up to the amount of $400,000.00. Should the plaintiff sustain sever injuries or disfigurement the cap may be raised to $1,000,000.00. However, certain punitive damages are limited to $500,000.00 or 3 times what their compensatory damage is worth.
Legal Help
Medical malpractice or harmful negligent acts by a physician are nothing to be taken lightly. Some people become discouraged and feel that by taking a company or doctor to court that their costs will far outweigh their gain. However, it is your right to fight for what you deserve. An experienced legal professional should be present at all legal hearings.
