Insert Pages To Legal Alaska Malpractice Forms For Free

Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.

Alaska's Medical Malpractice Laws To prove medical malpractice in Alaska, you must provide evidence that: A doctor-patient relationship existed between you and the defendant. The defendant failed to adhere to the appropriate medical standard of care that a similar healthcare provider would have provided.

Alaska maintains a two-year statute of limitations, requiring the filing of a medical malpractice claim within two years of the medical error of discovery of the injuries which flowed from that error.

In Alaska Statutes § 09.55. 540, the law specifically explains that the injured patient must demonstrate all of the following in order to meet that burden of proof: that the plaintiff and the defendant had a "health care provider-patient relationship" at the time of the alleged malpractice.

To bring a lawsuit, the plaintiff files a document called a complaint with the court. The complaint explains what the dispute is about and states what relief the plaintiff is asking for. The defendant then has a chance to file a document called an answer.

WHAT IS A SMALL CLAIMS CASE? A small claims case is a simplified type of court case for a person to try to recover money or personal property worth $10,000 or less. If your claim is over $10,000, you can still use small claims court, but you must give up the right to collect any amount over $10,000.