(a) A health care provider or institution that intentionally violates this chapter is liable to the aggrieved individual or the individual’s estate for damages of $10,000 or actual damages resulting from the violation, whichever is greater, plus attorney fees as provided by court rule.
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Terms Used In Alaska Statutes 13.52.090

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • advance health care directive: means an individual instruction or a durable power of attorney for health care. See Alaska Statutes 13.52.390
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Alaska Statutes 13.52.390
  • person: means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision, governmental agency, or another legal or commercial entity. See Alaska Statutes 13.52.390
(b) A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual’s advance health care directive or a revocation of an advance health care directive without the individual’s consent, or who coerces or fraudulently induces an individual to give, revoke, or not to give an advance health care directive, is liable to that individual for damages of $10,000 or actual damages resulting from the action, whichever is greater, plus attorney fees as provided by court rule.
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