Alaska Supreme Court
Nixola Jean Doan, Personal Representative of the Estate of Tristana Laurene Doan, and Nixola Jean Doan
June 30, 2023535 P.3d 537
Summary
The court vacated the final judgments and remanded after holding that the superior court applied the wrong statutory standard when excluding three proposed medical-malpractice experts. It affirmed the denial of a late request to substitute an expert whose board certification had expired and affirmed dismissal of the loss-of-chance claims because Alaska law requires proof of traditional causation and leaves any change to the legislature. The court also held that the complaint's reference to negligent infliction of emotional distress by the defendants, together with its incorporated allegations, gave the doctors sufficient notice of the claim.