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Health Law

  • Doan v. Banner Health Inc.
    HEALTH LAW Supreme Court of Alaska (2023) Kubi Johnson In Doan v. Banner Health Inc., 535 P.3d 537(Alaska 2023), the supreme court held that a person may call medical expert witnesses and pursue a negligent infliction of emotional distress (NIED) claim, but cannot pursue a loss of chance of survival claim. A young woman died in the hospital. ...
  • Matter of Abigail B.
    HEALTH LAW Supreme Court of Alaska (2023) Justin T. Reed In Matter of Abigail B., 528 P.3d 440 (Alaska 2023), the supreme court held that the prolonged pre-evaluation detention of a mental health patient violates the patient’s substantive due process rights when the nature and duration of that detention is not reasonably related to the limited purpose of ...
  • Matter of Tonja P.
    HEALTH LAW Supreme Court of Alaska (2023) Steve Stenquist In Matter of Tonja P., 524 P.3d 795 (Alaska 2023), the supreme court ruled that involuntary commitment is proper where a court determines that commitment is the least restrictive possible treatment measure, and that an order to medicate the patient is proper where the side effects have been considered, ...
  • Matter of Sergio F.
    HEALTH LAW Supreme Court of Alaska (2023) Sarah Edwards In Matter of Sergio F., 529 P.3d 74 (Alaska 2023), the supreme court held that the State has the burden of proving that there are no less restrictive treatment options available when seeking involuntary commitment of an individual. (Id. at 80). Sergio F. was taken into emergency custody after ...
  • Choi v. State
    CRIMINAL LAW, HEALTH LAW Court of Appeals of Alaska (2023) Katie Raya In Choi v. State, 528 P.3d 463 (Alaska Ct. App. 2023) the court of appeals held that a personal care assistant convicted of medical assistance fraud was not entitled to an offset of the restitution damages for the value of services they provided and that the ...
  • In re Jonas H.
    HEALTH LAW Supreme Court of Alaska (2022) Jake Sherman In In re Jonas H., 513 P.3d 1019 (Alaska 2022), the supreme court held that the superior court must explicitly make or incorporate findings relevant to every contested Myers factor to grant an order for the involuntary administration of psychotropic medication. (Id. at 1026). Jonas’s schizophrenia began to worsen ...
  • Matter of A.S.
    CRIMINAL LAW / HEALTH LAW Supreme Court of Alaska (2022) Joseph Perry In Matter of A.S., 2022 WL 2965545 (Alaska 2022) (unpublished), the supreme court held that the testimony of a psychiatrist concerning a criminal defendant’s previous acts of violence and psychotic disorder provided adequate evidence that the defendant posed a harm to themselves or others, and could ...
  • Matter of Carl S.
    HEALTH LAW Supreme Court of Alaska (2022) Elza Bouhassira In the Matter of Carl S., 510 P.3d 486 (Alaska 2022), the supreme court held that a man’s due process rights were violated when he was civilly committed based on an unpled claim of grave disability. (Id. at 488). On August 28, 2020, the man was brought to the ...
  • Trescot v. Foy
    HEALTH LAW Mary Beth Barksdale In Trescot v. Foy, 492 P.3d 1014 (Alaska 2021), the supreme court held that in reviewing a petition for new trial in a medical malpractice case, the trial court erred in admitting the affidavits of jurors as evidence supporting the petition, reversing the trial court’s grant of a mistrial for lack of ...
  • Smith v. State
    CRIMINAL JUSTICE Mary Beth Barksdale In Smith v. State, 484 P.3d 610 (Alaska Ct. App. 2021), the court of appeals held that, where inordinate expenses for travel and housing would arise, a district judge may limit the radius for calling prospective jurors for a criminal case to a distance lower than the 50-mile radius established by Alaska ...

Health Law

  • Doan v. Banner Health Inc.
    HEALTH LAW Supreme Court of Alaska (2023) Kubi Johnson In Doan v. Banner Health Inc., 535 P.3d 537(Alaska 2023), the supreme court held that a person may call medical expert witnesses and pursue a negligent infliction of emotional distress (NIED) claim, but cannot pursue a loss of chance of survival claim. A young woman died in the hospital. ...
  • Matter of Abigail B.
    HEALTH LAW Supreme Court of Alaska (2023) Justin T. Reed In Matter of Abigail B., 528 P.3d 440 (Alaska 2023), the supreme court held that the prolonged pre-evaluation detention of a mental health patient violates the patient’s substantive due process rights when the nature and duration of that detention is not reasonably related to the limited purpose of ...
  • Matter of Tonja P.
    HEALTH LAW Supreme Court of Alaska (2023) Steve Stenquist In Matter of Tonja P., 524 P.3d 795 (Alaska 2023), the supreme court ruled that involuntary commitment is proper where a court determines that commitment is the least restrictive possible treatment measure, and that an order to medicate the patient is proper where the side effects have been considered, ...
  • Matter of Sergio F.
    HEALTH LAW Supreme Court of Alaska (2023) Sarah Edwards In Matter of Sergio F., 529 P.3d 74 (Alaska 2023), the supreme court held that the State has the burden of proving that there are no less restrictive treatment options available when seeking involuntary commitment of an individual. (Id. at 80). Sergio F. was taken into emergency custody after ...
  • Choi v. State
    CRIMINAL LAW, HEALTH LAW Court of Appeals of Alaska (2023) Katie Raya In Choi v. State, 528 P.3d 463 (Alaska Ct. App. 2023) the court of appeals held that a personal care assistant convicted of medical assistance fraud was not entitled to an offset of the restitution damages for the value of services they provided and that the ...
  • In re Jonas H.
    HEALTH LAW Supreme Court of Alaska (2022) Jake Sherman In In re Jonas H., 513 P.3d 1019 (Alaska 2022), the supreme court held that the superior court must explicitly make or incorporate findings relevant to every contested Myers factor to grant an order for the involuntary administration of psychotropic medication. (Id. at 1026). Jonas’s schizophrenia began to worsen ...
  • Matter of A.S.
    CRIMINAL LAW / HEALTH LAW Supreme Court of Alaska (2022) Joseph Perry In Matter of A.S., 2022 WL 2965545 (Alaska 2022) (unpublished), the supreme court held that the testimony of a psychiatrist concerning a criminal defendant’s previous acts of violence and psychotic disorder provided adequate evidence that the defendant posed a harm to themselves or others, and could ...
  • Matter of Carl S.
    HEALTH LAW Supreme Court of Alaska (2022) Elza Bouhassira In the Matter of Carl S., 510 P.3d 486 (Alaska 2022), the supreme court held that a man’s due process rights were violated when he was civilly committed based on an unpled claim of grave disability. (Id. at 488). On August 28, 2020, the man was brought to the ...
  • Trescot v. Foy
    HEALTH LAW Mary Beth Barksdale In Trescot v. Foy, 492 P.3d 1014 (Alaska 2021), the supreme court held that in reviewing a petition for new trial in a medical malpractice case, the trial court erred in admitting the affidavits of jurors as evidence supporting the petition, reversing the trial court’s grant of a mistrial for lack of ...
  • Smith v. State
    CRIMINAL JUSTICE Mary Beth Barksdale In Smith v. State, 484 P.3d 610 (Alaska Ct. App. 2021), the court of appeals held that, where inordinate expenses for travel and housing would arise, a district judge may limit the radius for calling prospective jurors for a criminal case to a distance lower than the 50-mile radius established by Alaska ...