AK · Health & Medical

Health & Medical in Alaska

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Alaska Law

Alaska Statutes Section 09.10.070 & AS 09.55.560

Alaska requires medical malpractice claims to be filed within two years of the negligent act or the date the injury was (or should have been) discovered, with an absolute ten-year repose period under AS 09.10.070. AS 09.55.560 governs the malpractice action framework.

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Procedural Details in Alaska

Alaska requires a 90-day pre-suit notice of claim to the health care provider before filing a malpractice lawsuit under AS 09.55.536. During this period, the parties may engage in mediation. Alaska Statutes § 09.55.549 caps non-economic damages in medical malpractice cases at $400,000 per defendant or the present value of the plaintiff's remaining life expectancy multiplied by $8,000, whichever is greater. Alaska applies the pure comparative fault doctrine — damages are reduced by the plaintiff's percentage of fault but recovery is not completely barred. The Alaska State Medical Board investigates complaints against physicians. Government hospital claims may be subject to notice-of-claim requirements under AS 09.50.250.

Alaska Agencies & Resources

Alaska State Medical Board

Licenses and disciplines physicians and physician assistants in Alaska; investigates professional conduct complaints.

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Alaska Division of Insurance

Regulates health insurance products and handles consumer complaints about claim denials in Alaska.

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Alaska Department of Health

Oversees health facility licensing, patient safety programs, and health care quality in Alaska.

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Frequently Asked Questions

How long do I have to file a medical malpractice lawsuit in Alaska?

Alaska generally provides a two-year statute of limitations from the date of injury or discovery, with a ten-year absolute repose period under AS 09.10.070. Before filing, Alaska requires a 90-day pre-suit notice to the health care provider under AS 09.55.536, which may toll the limitations period during the notice window.

Are non-economic damages capped in Alaska malpractice cases?

Yes. Under AS 09.55.549, Alaska caps non-economic damages (such as pain and suffering) at $400,000 per defendant or the plaintiff's life expectancy in years times $8,000, whichever is greater. Economic damages like medical expenses and lost wages are not capped.

Does Alaska require pre-suit notice before filing a malpractice claim?

Yes. Alaska Statutes § 09.55.536 requires plaintiffs to provide written notice of intent to file a malpractice claim to the defendant health care provider at least 90 days before filing suit. This notice period allows the parties to settle or mediate before litigation begins.

How do I file a complaint against a doctor in Alaska?

Complaints against physicians may be submitted to the Alaska State Medical Board through the Division of Corporations, Business, and Professional Licensing. The Board can investigate, impose conditions, suspend, or revoke a physician's license. A board complaint is separate from a civil lawsuit and does not toll the statute of limitations.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026