This supplement to our "Informed Consent Revisited" article contains excerpts from Alaska laws related to informed consent, consent by minors and special consents. Alaska physicians who have questions about a specific patient or who require legal advice may call MIEC’s Claims Office in Anchorage, AK at 907-868-2500. For general liability questions, physicians and their staff can call MIEC’s Patient Safety & Risk Management (PSRM) Office in Anchorage, AK at 907-252-4015 or the PSRM Department in Oakland, CA at 800-227-4527. Informed Consent In Alaska, the law on informed consent is derived largely from common law and statutes. Court decisions modify and...
New Alaska Supreme Court Ruling Regarding Ex Parte
New ruling in Alaska restricts disclosure of patient information related to litigation. For decades, Alaska has allowed informal methods of “discovery” (sharing of information) during litigation, including private discussions between defense attorneys and the plaintiff’s treating physicians. These “ex parte” communications were encouraged by the Alaska Supreme Court, as they facilitated early evaluation and settlement of cases, with a resulting decrease in litigation costs. However, a new ruling by the Court on June 22, 2018, determined that a cultural shift in views on medical privacy warranted overruling this practice. In Harrold-Jones vs. Drury, et al., the Court held that “absent...
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