Legal Opinion · Dissent

D.P. v. Wrangell General Hospital

Alaska Supreme Court

Decided May 19, 2000No. S-8024Published

1DissentCarpeneti, Justice

I,. INTRODUCTION

This medical malpractice case raises the question whether a hospital staff exercised care consistent with professional medical standards of restraint and supervision for a psychiatric patient. In such cases, Alaska law requires expert testimony to establish a breach of the standard of care before the plaintiff can recover. Because plaintiff offered no such testimony, even when notified by the trial court that it was required, I would affirm the trial court's decision to dismiss the case.

IIL DISCUSSION

The burdens of proof in a medical malpractice action in Alaska are set out in…

2Cases cited14 opinions

  1. Flowers v. Torrance Memorial Hospital Medical CenterCalifornia Supreme Court · 1994
  2. Meier v. Ross General HospitalCalifornia Supreme Court · 1968
  3. Engelking v. CarlsonCalifornia Supreme Court · 1939
  4. Clary Insurance Agency v. DoyleAlaska Supreme Court · 1980
  5. Mrs. Kenneth Baker as Legal Guardian of Kenneth Baker, and Mrs. Kenneth Baker, Individually v. United StatesCourt of Appeals for the Eighth Circuit · 1965

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