Alaska
Alaska’s Medical Malpractice Damage Cap Partly Blocked on Appeal
Nov. 21, 2022, 3:57 PM
An Alaska statute limiting the damages out there in sure medical malpractice lawsuits violates the state’s constitutional assure of equal safety by distinguishing between sufferers with personal insurance coverage and people lined by federal packages, the state’s high court docket dominated.
The excellence drawn between various kinds of medical malpractice claimants isn’t appropriately tied to the state’s curiosity in stopping double recoveries, the Supreme Courtroom of Alaska held Nov. 18. The regulation subsequently violates the state structure’s equal safety assure to the extent it applies to claimants who obtain well being advantages from one other supply that asserts a proper of reimbursement in opposition to the medical …