Alaska Issues

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Medical Apology: H.B. 250 (2014).

Alaska|2014

Makes an expression of apology, responsibility, liability, sympathy, commiseration, compassion

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Makes an expression of apology, responsibility, liability, sympathy, commiseration, compassion or benevolence by a health care provider inadmissible in a medical liability case. It also requires a health care provider to advise a patient to seek legal advice before making an agreement with the patient to correct an unanticipated outcome of medical treatment or care.

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Medical Liability Reform/Noneconomic Damages Reform: S.B. 67 (2005).

Alaska|2005

Lowers the limit on noneconomic damages in medical liability cases

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Lowers the limit on noneconomic damages in medical liability cases to $250,000. In the most severe cases involving disfigurement, severe permanent physical impairment, and wrongful death, the limit on noneconomic damages is $400,000. The previous limit on noneconomic damages ranged from $400,000 to $1 million, depending on the severity of the injuries.

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Reforms View All »

Medical Liability Reform/Noneconomic Damages Reform: S.B. 67 (2005).

Alaska|2005

Lowers the limit on noneconomic damages in medical liability cases

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Noneconomic Damages Reform: HB 58 (1997)

Alaska|1997

Limits noneconomic damages awarded for most single injuries or deaths

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Limits noneconomic damages awarded for most single injuries or deaths to the greater of $400,000 or the injured person’s life expectancy in years multiplied by $8,000. Limits noneconomic damages for personal injuries involving permanent physical impairment or severe disfigurement to the greater of $1,000,000 or the person’s life expectancy in years multiplied by $25,000.

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Challenged and Upheld

The reform did not violate the right to a jury trial, the right to equal protection, or the right to substantive due process in the State or Federal Constitutions, the separation of powers doctrine, or the right of access to the courts or ban on “special legislation” in the State Constitution). Evans v. State, 2002 WL 1998141 (Alaska Aug. 30, 2002).

Reforms View All »

Punitive Damages Reform: HB 58 (1997).

Alaska|1997

Limits the award of punitive damages in most cases to

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Limits the award of punitive damages in most cases to the greater of three times the award of compensatory damages or $500,000. Limits the award of punitive damages to the greater of four times compensatory damages, four times the aggregate amount of financial gain, or $7,000,000, when the defendant’s action is motivated by financial gain. Limits punitive damages in unlawful employment practices lawsuits to: $200,000, when the employer has less than 100 employees in the state; $300,000, when the employer has more than 100, but less than 200 employees in the state; $400,000, when the employer has more than 200, but less than 500 employees in the state; and $500,000, when the employer has more than 500 employees in the state. Requires a plaintiff to show by “clear and convincing” evidence that a defendant acted with “reckless indifference” or was engaged in “outrageous” conduct. Requires the determination of awards for punitive damages to be made in a separate proceeding. Requires that 50% of punitive damages awards be paid to the state treasury.

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Challenged and Upheld

Punitive Damages Reform: SB 337 (1986).

Alaska|1986

Requires a plaintiff to prove punitive damages by “clear and

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Requires a plaintiff to prove punitive damages by “clear and convincing” evidence.

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Miscellaneous

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Offers of Judgment: H.B. 58 (1997)

Alaska|1997

Establishes that either party rejecting an offer of judgment who

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Establishes that either party rejecting an offer of judgment who then receives a final judgment that is at least five percent less favorable than the actual off must pay a percentage of the other party’s reasonable attorney’s fees and court costs based on how long before the trial the offer was made.

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Unchallenged

Comparative Negligence: H.B. 58 (1997)

Alaska|1997

Provides that the court shall determine and state each party’s

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Provides that the court shall determine and state each party’s share of the judgment in accordance with their respective fault, whether the parties are named in the suit or not.

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Unchallenged

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