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. (Id. at 539). Her mother, Nixola Doan, filed medical malpractice and loss of chance complaints against Banner Health Inc., the hospital’s operator. (Id. at 540). The superior court rejected Doan’s expert witnesses because they failed the statutory expert licensing requirements and granted summary judgement to Banner Health Inc. (Id. at 542–44). On appeal, the supreme court first ruled that the superior court misinterpreted the statute governing the standard for expert witnesses. (Id. at 546). Accordingly, they vacated the superior court’s summary judgement ruling against Doan. (Id.). Additionally, the supreme court reasoned that neither the statutory text nor the legislative intent supports the recognition for a loss of chance claim. (Id. at 548). Finally, the supreme court ruled Doan did meet Alaska’s relatively lenient notice pleading standard for the NIED claim. (Id. at 549). In sum, the supreme court held that a person can call medical expert witnesses and pursue a NIED claim, but cannot pursue a loss of chance of survival claim. (Id. at 539).
