Health Law

Titus v. Department of Corrections

Posted on May 6th, 2022

HEALTH LAW Hannah Rogers In Titus v. Department of Corrections, 496 P.3d 412, the supreme court held that “the matter at issue” in determining “whether an expert’s training, expertise, or certification is directly related to the matter at issue” in a medical malpractice action, refers to the underlying circumstances of the medical event or treatment Continue Reading »

Matter of April S

Posted on May 6th, 2022

HEALTH LAW Emma Giusto In Matter of April S, 499 P.3d 1011 (Alaska 2021), the supreme court held that the Office of Children’s Services (OCS) could not admit a minor for voluntary commitment under the parental admission statute. (Id. at 1013). April, a minor in OCS custody, was brought to a hospital where staff placed Continue Reading »

Bunton v. Alaska Airlines, Inc.

Posted on January 1st, 2022

HEALTH LAW Peter Graham In Bohn v. Providence Health Services – Washington, 484 P.3d 584 (Alaska 2021), the supreme court held that a healthcare provider was not immunized under Alaska’s Health Care Decisions Act (HCDA) when the provider denied decisionmaking authority to a patient’s agent and surrogate under the good faith belief that the patient’s Continue Reading »

Matter of Mabel B.

Posted on January 1st, 2022

HEALTH LAW Peter Graham In the Matter of Mabel B., 485 P.3d 1018 (Alaska 2021), the supreme court held that the substantive due process rights of involuntarily committed mental health patients are violated when procedural delays to patients’ release or extended hospitalization are caused by understaffed mental health hospitalization facilities. (Id. at 1026). State law Continue Reading »

Beistline v. Footit

Posted on January 1st, 2022

HEALTH LAW Maddie Ayer In Beistline v. Footit, 485 P.3d 39 (Alaska 2021), the supreme court held that a pharmacist’s expert testimony was insufficient to create a genuine issue of material fact about the prevailing standard of care for an internist, affirming the lower court’s decision to grant summary judgment to the medical providers in Continue Reading »

Bohn v. Providence Health Services – Washington

Posted on January 1st, 2022

HEALTH LAW Peter Graham In Bohn v. Providence Health Services – Washington, 484 P.3d 584 (Alaska 2021), the supreme court held that a healthcare provider was not immunized under Alaska’s Health Care Decisions Act (HCDA) when the provider denied decisionmaking authority to a patient’s agent and surrogate under the good faith belief that the patient’s Continue Reading »

Matter of Vern H.

Posted on January 1st, 2022

HEALTH LAW Emma Giusto In Matter of Vern H., 486 P.3d 1123 (Alaska 2021), the supreme court held that (1) probable cause is the proper standard for review hearings when detaining an individual awaiting transportation for a civil commitment mental health evaluation, and (2) to detain the individual in jail while awaiting transport, the State Continue Reading »

Israel v. State, Department of Corrections

Posted on April 14th, 2021

HEALTH LAW Mike Keramidas In Israel v. State, Department of Corrections, the supreme court held that a diagnosis of paranoid schizophrenia based on delusions was correct as a matter of law when the diagnosed party’s evidence was “too incredible to be believed” and therefore insufficient to defeat a summary judgment motion. Psychiatrists from the Alaska Continue Reading »

Matter of Arthur A.

Posted on April 14th, 2021

HEALTH LAW Macklin Willigan In Matter of Arthur A., the supreme court held that an individual subject to involuntary commitment proceedings has an implied statutory right to self-representation, and if the individual clearly and unequivocally invokes this right—though not absolute—the superior court must hold a preliminary hearing and consider the factors outlined in McCracken v. Continue Reading »

In re Necessity for the Hospitalization of Rabi R.

Posted on March 10th, 2021

HEALTH Savannah Artusi   In re Necessity for the Hospitalization of Rabi R. In In re Necessity for the Hospitalization of Rabi R., 468 P.3d 721 (Alaska 2020), the supreme court held that the lower court’s failure to order a screening investigation upon receipt of a petition for involuntary detention for psychiatric evaluation was harmless Continue Reading »

Health Law

Titus v. Department of Corrections

Posted on May 6th, 2022

HEALTH LAW Hannah Rogers In Titus v. Department of Corrections, 496 P.3d 412, the supreme court held that “the matter at issue” in determining “whether an expert’s training, expertise, or certification is directly related to the matter at issue” in a medical malpractice action, refers to the underlying circumstances of the medical event or treatment Continue Reading »

Matter of April S

Posted on May 6th, 2022

HEALTH LAW Emma Giusto In Matter of April S, 499 P.3d 1011 (Alaska 2021), the supreme court held that the Office of Children’s Services (OCS) could not admit a minor for voluntary commitment under the parental admission statute. (Id. at 1013). April, a minor in OCS custody, was brought to a hospital where staff placed Continue Reading »

Bunton v. Alaska Airlines, Inc.

Posted on January 1st, 2022

HEALTH LAW Peter Graham In Bohn v. Providence Health Services – Washington, 484 P.3d 584 (Alaska 2021), the supreme court held that a healthcare provider was not immunized under Alaska’s Health Care Decisions Act (HCDA) when the provider denied decisionmaking authority to a patient’s agent and surrogate under the good faith belief that the patient’s Continue Reading »

Matter of Mabel B.

Posted on January 1st, 2022

HEALTH LAW Peter Graham In the Matter of Mabel B., 485 P.3d 1018 (Alaska 2021), the supreme court held that the substantive due process rights of involuntarily committed mental health patients are violated when procedural delays to patients’ release or extended hospitalization are caused by understaffed mental health hospitalization facilities. (Id. at 1026). State law Continue Reading »

Beistline v. Footit

Posted on January 1st, 2022

HEALTH LAW Maddie Ayer In Beistline v. Footit, 485 P.3d 39 (Alaska 2021), the supreme court held that a pharmacist’s expert testimony was insufficient to create a genuine issue of material fact about the prevailing standard of care for an internist, affirming the lower court’s decision to grant summary judgment to the medical providers in Continue Reading »

Bohn v. Providence Health Services – Washington

Posted on January 1st, 2022

HEALTH LAW Peter Graham In Bohn v. Providence Health Services – Washington, 484 P.3d 584 (Alaska 2021), the supreme court held that a healthcare provider was not immunized under Alaska’s Health Care Decisions Act (HCDA) when the provider denied decisionmaking authority to a patient’s agent and surrogate under the good faith belief that the patient’s Continue Reading »

Matter of Vern H.

Posted on January 1st, 2022

HEALTH LAW Emma Giusto In Matter of Vern H., 486 P.3d 1123 (Alaska 2021), the supreme court held that (1) probable cause is the proper standard for review hearings when detaining an individual awaiting transportation for a civil commitment mental health evaluation, and (2) to detain the individual in jail while awaiting transport, the State Continue Reading »

Israel v. State, Department of Corrections

Posted on April 14th, 2021

HEALTH LAW Mike Keramidas In Israel v. State, Department of Corrections, the supreme court held that a diagnosis of paranoid schizophrenia based on delusions was correct as a matter of law when the diagnosed party’s evidence was “too incredible to be believed” and therefore insufficient to defeat a summary judgment motion. Psychiatrists from the Alaska Continue Reading »

Matter of Arthur A.

Posted on April 14th, 2021

HEALTH LAW Macklin Willigan In Matter of Arthur A., the supreme court held that an individual subject to involuntary commitment proceedings has an implied statutory right to self-representation, and if the individual clearly and unequivocally invokes this right—though not absolute—the superior court must hold a preliminary hearing and consider the factors outlined in McCracken v. Continue Reading »

In re Necessity for the Hospitalization of Rabi R.

Posted on March 10th, 2021

HEALTH Savannah Artusi   In re Necessity for the Hospitalization of Rabi R. In In re Necessity for the Hospitalization of Rabi R., 468 P.3d 721 (Alaska 2020), the supreme court held that the lower court’s failure to order a screening investigation upon receipt of a petition for involuntary detention for psychiatric evaluation was harmless Continue Reading »