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Alaska’s Statutes of Limitations on Medical Malpractice

Author: Tyler Pillay
by Tyler Pillay
Posted: Nov 04, 2016

Victims of medical malpractice need to know about laws in Alaska that may hinder their claim. This article looks at the statute of limitations with respect to medical malpractice.

Medical malpractice is a problem many face today for a varied number of reasons. While you may be entitled to compensation for medical malpractice there are laws in Alaska that may hinder your claim. Especially the law on the Statute of Limitations which is compiled in the Alaska Statutes 09.10.070

Statute of Limitations

The statute of limitations are laws that govern the time deadlines as to the filing of a medical malpractice lawsuit. Each state has its own statute of limitations in respect of any lawsuit including medical malpractice. Alaska has one set deadline called the Standard Deadline.

Standard Deadline – the standard deadline gives victims of medical malpractice a set number of years to file for a lawsuit. In Alaska, this period is 2 years. This 2-year period starts running from the time the malpractice occurred. If you do not file the lawsuit within the 2-year period from the date that the malpractice occurred, you lose your right to sue. However, there are exceptions to the Alaska statute of limitations; in fact, there are 4 exceptions recognized by the law. These are:

1. The Discovery Rule

The discovery rule is an exception to the standard deadline in circumstances where the victim could not have reasonably learned that he/she had a medical malpractice case. In Alaska, this rule delays the start of the 2-year period from the date the malpractice occurred to the date the victim had enough information alerting them of the possible medical malpractice claim.

2. Statute of Limitation for Minor Children

This part of the statute of limitations is the deadline for minors (children under age 18) or their parents or legal guardians to file a medical malpractice lawsuit. Alaska has a special deadline only for children under the age of eight. The statute of limitations does not start running until the child’s eighth birthday.

3. Statute of Repose

This statute enforces an unconditional deadline to the medical malpractice claim. The deadline is set in that a medical malpractice lawsuit cannot be started 10 years after the supposed act of malpractice. However, there are also exceptions to this statute, which are:

Gross negligence

Intentional acts of medical malpractice

Intentional concealment of facts that would affect the discovery of the malpractice

This statute does not apply to minors if the facts that would cause the statute of limitation to start were not reasonably discoverable to the parent or guardian; for example, where puberty triggers the discovery of the malpractice.

The 10-year limit does not commence in cases of undiscovered foreign objects in the body until the foreign objects are discovered.

4. Other exceptions

The statute of limitation also allows for other exceptions to be extended under special or certain circumstances. One such circumstance is when the victim is mentally ill or mentally disabled.

While the discovery of medical malpractice can be a traumatizing experience it is important to seek the assistance of Alaska medical malpractice lawyers with experience with this type of accident claim. Do not be a victim of the statute of limitation, contact a medical malpractice lawyer immediately.

Are you a victim of medical malpractice? If you are looking for accident claims advice, the author recommends the Crowson Law Group.

About the Author

Are you a victim of medical malpractice? If you are looking for accident claims advice, the author recommends the Crowson Law Group.

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Author: Tyler Pillay

Tyler Pillay

Member since: Feb 25, 2016
Published articles: 45

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