Alaska Supreme Court
Kimberly Wallace Goodwin
December 6, 2024
Summary
The Alaska Supreme Court affirmed summary judgment for the midwives in a medical malpractice and informed-consent action arising from a stillbirth. It held that an informed-consent plaintiff must prove both that the patient would have chosen different care if properly informed and that the treatment or course of care caused the injury, and the plaintiffs lacked expert evidence of medical causation. The court also affirmed enhanced attorney’s fees and costs because the superior court adequately supported its findings concerning vexatious litigation conduct and Civil Rule violations.