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Alaska's Statutes of Limitations for Medical Malpractice and Wrongful Death

Statutes of limitations set the time limits within which every lawsuit must be filed or be barred and forever lost. In Alaska, an action for medical malpractice or wrongful death must be commenced within two (2) years of the accrual of the cause of action. Exceptions and tolling provisions apply to actions for medical malpractice.

Last Updated August 31, 2005

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Alaska Statutes of Limitations for Medical Malpractice and Wrongful Death

Medical Malpractice and Wrongful Death Actions must be Brought in Two (2) Years

AS 09.10.070. Actions For Torts to be Brought in Two Years.

(a) Except as otherwise provided by law, a person may not bring an action ... (2) for personal injury or death ... unless the action is commenced within two years of the accrual of the cause of action.

Tolling Provisions for Disabilities of Minority and Incompetency

AS 09.10.140. Disabilities of Minority and Incompetency.

AS 09.10.140 (a) Except as provided under (c) of this section, if a person entitled to bring an action mentioned in this chapter is at the time the cause of action accrues either (1) under the age of majority, or (2) incompetent by reason of mental illness or mental disability, the time of a disability identified in (1) or (2) of this subsection is not a part of the time limit for the commencement of the action. Except as provided in (b) of this section, the period within which the action may be brought is not extended in any case longer than two years after the disability ceases.

AS 09.10.140 (c) In an action for personal injury of a person who was under the age of eight years at the time of the injury, the time period before the person's eighth birthday is not a part of the time limit imposed under AS 09.10.070 (a) for commencing the civil action.

Ten (10) Year Statute of Repose

AS 09.10.055. Statute of Repose of 10 Years.

Statute of Repose Does not apply to Foreign Body left in body undiscovered.

AS 09.10.055 (c) The limitation imposed under (a) of this section is tolled during any period in which there exists the undiscovered presence of a foreign body that has no therapeutic or diagnostic purpose or effect in the body of the injured person and the action is based on the presence of the foreign body.


** To view all Alaska Statutes of Limitations, click on the link below:

Alaska Statutes, Title 9, Chapter 10. Limitations of Actions


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