Alaska’s Medical Malpractice Damage Cap Partly Blocked on Appeal

An Alaska law limiting some medical malpractice lawsuit damages violates the state’s constitution, its top court ruled.

A distinction drawn between claimants with private insurance and those covered by federal programs isn’t appropriately tied to the state’s interest in preventing double recoveries, the Supreme Court of Alaska held Nov. 18. The law violates the state constitution’s equal protection guarantee to the extent it applies to claimants who receive health benefits from another source that asserts a right of reimbursement against the medical malpractice recovery, the court said.

Under the law, a claimant who’s been partially compensated by another source like ...