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Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

Yes, there is and that time limit is referred to as the statute of limitations. In Alaska, medical malpractice actions for personal injury or death must be filed within two years from the date of injury. The period of limitations usually runs from the time the injury occurred. Special rules, however, apply in some situations. If the claimant is under the age of majority, or incompetent by reason of mental illness or disability, the two­year statute begins to run when the disability is lifted. When the injured party is under the age of eight years, the time period before the person`s eighth birthday is not a part of the time limit. In an action for wrongful death, a reasonable failure to discover a key element of the cause of action tolls the two­year limitation period.

Other Alaska Medical Malpractice FAQs

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