Section 09.55.540. Burden of proof.

   (a) In a malpractice action based on the negligence or wilful misconduct of a health care provider, the plaintiff has the burden of proving by a preponderance of the evidence
        (1) the degree of knowledge or skill possessed or the degree of care ordinarily exercised under the circumstances, at the time of the act complained of, by health care providers in the field or specialty in which the defendant is practicing;
        (2) that the defendant either lacked this degree of knowledge or skill or failed to exercise this degree of care; and
        (3) that as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care the plaintiff suffered injuries that would not otherwise have been incurred.
   (b) In malpractice actions there is no presumption of negligence on the part of the defendant.

Authorities

9.55.535; 9.55.550

Notes

References

AS 9.55.535 .535">Sec. 09.55.535. Voluntary arbitration.
AS 9.55.550 .550">Sec. 09.55.550. Jury instructions.

History

(Sec. 1 ch 49 SLA 1967; am Sec. 34 ch 102 SLA 1976)