Medical Malpractice Rules in Alaska
The deadline to file a medical malpractice claim in Alaska, the discovery rule, and caps on damages.
Short answer: Alaska does not have a separate malpractice deadline in the sections reviewed; malpractice claims fall under the general two-year limit for personal injury or death. Alaska Stat. §§ 09.10.070, 09.10.055(c)
| Medical malpractice deadline | Alaska does not have a separate malpractice deadline in the sections reviewed; malpractice claims fall under the general two-year limit for personal injury or death. The 10-year statute of repose also applies, but it is paused while an undiscovered foreign object with no medical purpose remains in the patient's body. When the two years starts to run (for example, a discovery rule) is not stated in these statutes. Re-verified 2026-10-27. |
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| Medical malpractice caps | Non-economic damages against health care providers are capped at $250,000 per injury, no matter how many providers are sued, or $400,000 for wrongful death or severe permanent physical impairment that is more than 70% disabling. Hedonic damages (for the pleasure of being alive) are not allowed. The caps do not apply to reckless or intentional misconduct. Economic damages are not capped. Re-verified 2026-10-27. Source: Alaska Stat. § 09.55.549 |
More Alaska personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Alaska
- Wrongful Death Lawsuits in Alaska
- Car Accident Claims in Alaska
- Dog Bite Liability in Alaska
- Slip, Trip and Fall Injuries in Alaska
- Pedestrian Accident Claims in Alaska
- Bicycle Accident Claims in Alaska
- All Alaska personal injury & wrongful death rules
FAQ
What is the statute of limitations for medical malpractice in Alaska?
Alaska does not have a separate malpractice deadline in the sections reviewed; malpractice claims fall under the general two-year limit for personal injury or death. The 10-year statute of repose also applies, but it is paused while an undiscovered foreign object with no medical purpose remains in the patient's body.
Is there a cap on medical malpractice damages in Alaska?
Non-economic damages against health care providers are capped at $250,000 per injury, no matter how many providers are sued, or $400,000 for wrongful death or severe permanent physical impairment that is more than 70% disabling. Hedonic damages (for the pleasure of being alive) are not allowed. The caps do not apply to reckless or intentional misconduct. Economic damages are not capped.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.