Alaska Supreme Court rules some laws limiting medical malpractice awards unconstitutional

The Alaska Supreme Court ruled on Nov. 18 that a 46-year-old law limiting financial awards in medical malpractice lawsuits unconstitutionally discriminates against Alaskans with health insurance, Alaska Public Media reported Nov. 21.

The decision was unanimously approved by the court, following a six-year legal fight by a woman who was injured during gallbladder surgery. The overturned law states that if an Alaskan wins a medical malpractice suit, the value of any insurance payout must be subtracted from the financial award they receive. 

Between 2012 and 2022, 197 medical malpractice cases resulted in payments to Alaskans.

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