Alaska has laws that limit recovery and admission of evidence in birth injury cases

Juneau, AK – One of the worst things that can happen to expectant parents is an injury or complications during their child’s birth. In some cases, this can be due to mistakes by the doctor supervising the birth or other healthcare professionals who were present and involved in the procedure. Some of these mistakes can have life changing consequences for the mother, child, or both. 

Anyone who is concerned about the condition of their child and the possibility of malpractice during birth should get legal help to examine the situation further. 

How are birth injuries classified by the law? 

Birth injuries are essentially considered a form of medical malpractice. This area of the law allows victims to bring civil cases they pay for various kinds of problems caused by the doctor’s negligent behavior. Alaska, like all other states, has rules and procedures for these kinds of cases set by statutes and the state’s rules of civil procedure that are different from other jurisdictions. 

State damage caps for medical malpractice

Alaska actually has limitations on medical malpractice claims that will prevent most victims from receiving extremely large damage awards, although the potential amount of total damages from a lawsuit still remains fairly high. Damages are generally limited to $400,000 for pain and suffering, or $1 million for cases that result in the victim being permanently injured or disfigured.

Comparative negligence laws

Alaska is also considered a pure comparative negligence state. This means that in any kind of civil case for malpractice or an accident, the plaintiff’s level of fault can be considered, but it will only reduce their damage award relative to their level of fault rather than stopping them from bringing a lawsuit. 

Trials for medical malpractice

Alaska also has some other unique rules related to medical malpractice trials. There must be testimony from an expert witness who has the same specialty as the doctor who is being sued. This is a way of keeping information and opinions about the incident and resulting damages as relevant as possible. There are also evidentiary rules that exclude statements of remorse or regret by a doctor in the aftermath of a procedure, as well as offers to correct the mistake.

Any legal action must be brought by a victim within two years of the incident under the state’s statute of limitations for malpractice claims. This is why it is imperative for victims to seek out legal help as soon as realistically possible after the birth injury.  

Learning more about birth injuries and lawsuits

USAttorneys.com is a website that helps people with their legal needs. Anyone who is considering contacting a lawyer in Juneau, or anywhere else in the country, can browse the site to find a lawyer by state and practice area.