00Enrolled SB 65                                                                                                          
01 Relating to the elements of a claim for medical malpractice; and relating to the definition of a                        
02 health care provider-patient relationship.                                                                              
03                           _______________                                                                               
04    * Section 1. AS 09.55.540(a) is amended to read:                                                                     
05            (a)  In a malpractice action based on the negligence or wilful misconduct of a                               
06       health care provider, the plaintiff has the burden of proving by a preponderance of the                           
07       evidence                                                                                                          
08                 (1)  that the plaintiff had a health care provider-patient                                            
09       relationship with the defendant at the time of the act complained of;                                           
10                 (2)  the degree of knowledge or skill possessed or the degree of care                                 
11       ordinarily exercised under the circumstances, at the time of the act complained of, by                            
12       health care providers in the field or specialty in which the defendant is practicing;                             
13                 (3) [(2)]  that the defendant either lacked this degree of knowledge or                               
14       skill or failed to exercise this degree of care; and                                                              

01                 (4) [(3)]  that, as a proximate result of this lack of knowledge or skill or                        
02       the failure to exercise this degree of care, the plaintiff suffered injuries that would not                     
03       otherwise have been incurred.                                                                                     
04    * Sec. 2. AS 09.55.540 is amended by adding a new subsection to read:                                                
05            (c)  In this section, "health care provider-patient relationship" means a                                    
06       relationship between a health care provider and a patient formed for the purpose of the                           
07       health care provider providing examination, diagnosis, or treatment to the patient.                               
08    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                            
09 read:                                                                                                                   
10       APPLICABILITY. This Act applies to causes of action brought under AS 09.55.530 -                                  
11 09.55.560 that accrue on or after the effective date of this Act.