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★ Alaska · medical negligence

Medical negligence settlements
in Alaska.

By 9 min read

Alaska caps noneconomic damages against health care providers at $250,000, or $400,000 for wrongful death or severe permanent impairment. A Palmer pacemaker patient’s x ray showed a possible lung nodule that no one told him about, and he died of lung cancer about two years later; his estate lost for lack of a matching expert. Parents of a stillborn son lost their informed consent claim against their midwives.

Facts that decide a medical negligence claim in Alaska

Malpractice capNoneconomic damages may not exceed $250,000 however many providers are sued, or $400,000 for wrongful death or severe permanent impairment.Alaska Stat. § 09.55.549(d), (e)
Matching expertThe estate needed a board certified cardiologist to set the standard of care for the cardiologists and did not identify one.Hagen v. Strobel (Alaska 2015)
Informed consent causationYou must show you would have refused the care if told the risks, and that the care caused the injury.Goodwin v. Mat-Su Midwifery (Alaska 2024)
★ band · US federal frame
$30,000 to statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

The US band is the starting point. Alaska's fault rule and any applicable cap then adjust the figure.

★ AK · reported medical negligence outcomes

What Alaska courts have awarded.

Real Alaska decisions and verdicts, each linked to the court record or official report.

  • Alaska Supreme Court · 2015
    Summary judgment for the cardiologists affirmed

    In November 2007 a cardiologist implanted a pacemaker in Gregory Hagen at Mat-Su Regional Medical Center in Palmer and ordered an x ray. A radiologist noted a possible nodule in his lung and recommended follow up x rays, but the recommendation never reached him, and he died of lung cancer about two years later. The estate had no board certified cardiologist expert; affirmed.

  • Alaska Supreme Court · 2024
    Summary judgment for the midwives affirmed

    Kimberly Goodwin, 39, with a history of miscarriages, was nearly 42 weeks pregnant in December 2012 under a birth center’s care. In labor, one midwife said she was not sure whether she was hearing the baby’s heartbeat or the mother’s; she was taken to the hospital and her son Jackson was delivered stillborn by caesarean. The court affirmed judgment for the midwives on causation and a fee award of $295,923.61.

★ AK · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Alaska.

  1. 1

    Retain an expert certified in the same field as each doctor you sue.

  2. 2

    Ask for written results of every scan; Hagen’s nodule report never reached him.

  3. 3

    Get causation evidence, not only proof that you were not warned of the risks.

★ AK · statute of limitations
2 years from date of injury or discovery

Alaska Stat. § 09.10.070

★ AK · fault rule
Pure comparative negligence

Pure comparative negligence, recovery available even at 99% claimant fault, reduced proportionally.

★ AK · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in Alaska.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Alaska's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Alaska · you are herePure comparative negligence2 years from date of injury or discovery—
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · medical negligence →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · medical negligence →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · medical negligence →
IdahoModified comparative, 50% bar2 years from date of injuryID · medical negligence →
MontanaModified comparative, 51% bar3 years from date of injuryMT · medical negligence →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · medical negligence →
ArizonaPure comparative negligence2 years from date of injuryAZ · medical negligence →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · medical negligence →
MississippiPure comparative negligence3 years from date of injuryMS · medical negligence →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · medical negligence →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · medical negligence →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · medical negligence →
★ AK · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are starting points: the US band adjusted for Alaska's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Alaska. See /methodology, /sources, and /disclaimer.