Types of Evidence to Prove an Alaska Medical Malpractice Claim


Evidence will always play a critical role in any type of civil or criminal case, including personal injury claims based upon medical errors. Alaska law defines the burden of proof in medical malpractice cases, which refers to the facts you must establish to qualify for compensation after suffering injuries. These sets of facts form the essential elements of a med mal claim, and you must prove each by a preponderance of the evidence – i.e., show that the facts are more than 50% likely to be true.


However, a closer look at the legal concepts behind Alaska’s med mal laws reveals the considerable challenges that arise when it comes to proof in these cases. Fortunately, Anchorage medical malpractice attorneys are confronted with such hurdles every day, so you can feel confident your case is in good hands. Some information on the essential elements and how to meet them may put things into perspective.


Elements of a Med Mal Case in Alaska

Under the statute, the specific sets of facts that you must prove to recover compensation in a medical malpractice claim are:

  • Medical Standard of Care: This element refers to the degree of knowledge or care that a hypothetical health care provider would possess or deliver in connection with the same specialty area as your doctor – considering the same or similar circumstances.
  • Breach of the Standard of Care: You must have facts showing how your physician lacked the requisite degree of knowledge or failed to exercise proper care in delivering treatment.
  • Causation: There must be a connection between the breach of the standard of care and the injuries that you suffered. In other words, you would not have been harmed but for your physician’s breach.


Though not an essential element, another legal requirement is complying with the Alaska statute of limitations for medical malpractice cases: You have two years from the date of the act of malpractice to file a lawsuit in court.


Proving Each Essential Element

Once you know the evidence you must have to support a med mal case, you can see how certain proof will be critical to supporting your claim.

  • Medical records are important for demonstrating the state of your health before being harmed, the extent of your injuries, and treatment you need to resolve them.
  • To establish the standard of care, you must rely on input from medical experts. These professionals have the technical knowledge to state what the hypothetical doctor would have done, and how your physician’s actions depart from the standard. A medical expert may also be useful for showing causation.


Discuss Your Rights With an Alaska Medical Malpractice Lawyer

This overview of evidence in a med mal claim is useful, but you will not need to tackle the challenges on your own. You can trust our team at Power & Power Law in Anchorage to navigate the legal process, so please contact us today to set up a free case assessment with an Alaska med mal attorney. We can explain details and answer questions after reviewing your circumstances.