Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
AS 09.55.544 Evidence.
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(a) In a civil action or arbitration under AS 09.55.530 — 09.55.560, notwithstanding AS 09.43.050(2), 09.43.420(a), or 09.43.440(e), the following are not admissible as evidence: (1) an expression of apology, sympathy, commiseration, compassion, or benevolence made orally, by con…
AS 09.55.545 Agreement to correct unanticipated outcome or settle claim; legal advice.
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An agreement to correct an unanticipated outcome of medical treatment or care or to settle a claim of medical malpractice made between a health care provider and a patient or the patient's legal representative is voidable if the health care provider has not advised the patient or…
AS 09.55.546 Advance payments.
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In an action to recover damages under AS 09.55.530 — 09.55.560, no advance payment made by the defendant health care provider or the professional liability insurer of the defendant to or on behalf of the plaintiff is admissible as evidence or may be construed as an admission of l…
AS 09.55.547 Pleading of damages.
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In a cause of action against a health care provider for malpractice, the complaint or any other pleadings may not contain an ad damnum clause or monetary amount claimed against the defendant health care provider, except as necessary for jurisdictional purposes.
AS 09.55.548 Awards; collateral source.
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(a) Damages shall be awarded in accordance with principles of the common law. The fact finder in a malpractice action shall render any award for damages by category of loss. The court may enter a judgment that future damages be paid in whole or in part by periodic payments rather…
AS 09.55.549 Limitation on damages from health care provider's services.
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(a) Notwithstanding AS 09.17.010, noneconomic damages for personal injury or death based on the provision of services by a health care provider may only be awarded as provided in this section. (b) In an action to recover damages for personal injury or wrongful death based on the …
AS 09.55.550 Jury instructions.
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In medical malpractice actions the jury shall be instructed that the plaintiff has the burden of proving the health care provider's negligence or wilful misconduct in accordance with the standard of proof specified in AS 09.55.540. The jury shall be further instructed that injury…
AS 09.55.554 Immunity for oral contracts.
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A cause of action against a health care provider does not arise for breach of an oral contract to provide a cure or achieve a specific medical result.
AS 09.55.556 Informed consent.
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(a) A health care provider is liable for failure to obtain the informed consent of a patient if the claimant establishes by a preponderance of the evidence that the provider has failed to inform the patient of the common risks and reasonable alternatives to the proposed treatment…
AS 09.55.560 Definitions.
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Article 7. Survival and Wrongful Death Actions. In AS 09.55.530 — 09.55.560, (1) “board” means an arbitration board established under AS 09.55.535; (2) “health care provider” means an acupuncturist licensed under AS 08.06; an audiologist or speech-language pathologist licensed un…
AS 09.55.570 All causes of action survive.
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All causes of action by one person against another, whether arising on contract or otherwise, except those involving defamation of character, survive to the personal representatives of the former and against the personal representatives of the latter, but this may not be construe…
AS 09.55.580 Action for wrongful death.
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(a) Except as provided under (f) of this section and AS 09.65.145, when the death of a person is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained a…
AS 09.55.585 Action for wrongful death of an unborn child; applicability.
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Article 8. Removal of Disabilities of a Minor. (a) A parent of an unborn child may maintain an action as plaintiff for the death of an unborn child that was caused by the wrongful act or omission of another. (b) This section does not apply to acts or omissions that (1) cause the …
AS 09.55.590 Removal of disabilities of minority.
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(a) A minor who is a resident of this state and is at least 16 years of age, who is living separate and apart from the parents or guardian of the minor, capable of sustained self-support and of managing one's own financial affairs, or the legal custodian of such a minor, may peti…
AS 09.55.600 [Renumbered as AS 25.35.010.]
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[Repealed or reserved.]
AS 09.55.601 [Renumbered as AS 09.60.070.]
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[Repealed or reserved.]
AS 09.55.610 Secs. 09.55.610 — 09.55.640. [Renumbered as AS 25.35.020 — 25.35.060.]
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Article 9. Actions by Crime Victims.
AS 09.55.650 Claim based on sexual abuse to a minor under 16 years of age.
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Article 10. Civil in rem Forfeiture. (a) A person who, as a minor under 16 years of age, was the victim of sexual abuse may maintain an action for recovery of damages against the perpetrator of the act or acts of sexual abuse based on the perpetrator's intentional conduct for an …
AS 09.55.700 In rem civil forfeiture actions.
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Common law civil in rem forfeiture actions are abolished if used instead of a criminal proceeding.