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Idaho Medical Malpractice Law - An Overview

Important Notice: The following overview of Idaho's medical malpractice laws is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of medical malpractice law and may not reflect subsequent changes in the law. For a full review of Idaho's medical malpractice law, or for a determination of how the law applies to a specific incident or injury, please consult a malpractice lawyer licensed to practice in the state of Idaho.


What Is Medical Malpractice

Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:

  • Misdiagnosis of, or failure to diagnose , a disease or medical condition;
  • Failure to provide appropriate treatment for a medical condition;
  • Unreasonable delay in treating a diagnosed medical condition;

Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

Limits on Malpractice Damages

Idaho limits noneconomic damages involving personal injury to $250,000.00, with adjustments based on the state’s average annual wage adjustments. Caps are not applicable to cases involving willful or reckless misconduct or acts that would constitute a felony. Punitive damages are limited to $250,00.00 or three times compensatory damages.

Collateral Source Rule

Under a traditional collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources, such as the plaintiff's own insurance coverage. For medical malpractice cases in Idaho, there is a mandatory offset for collateral source payments except for federal benefits, life insurance proceeds, or subrogation rights.

Rules for Expert Witnesses

Under Idaho law, a Plaintiff must support claims of medical negligence through direct expert witness testimony. Expert witnesses in medical malpractice cases must have professional expertise and practical knowledge of community standards of practice.

Joint and Several Liability

Under a traditional rule of joint and several liability, where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment. Under Idaho law, defendants are severally liable to the extent of their proportionate fault, unless injury results from their intentional actions.

Statute of Limitations

Medical malpractice actions must be commenced within two years of the date of injury. Under Idaho law, the statute of limitations begins to run upon a minor's eighteenth birthday.

Limits on Attorney Fees

Idaho does not impose limits on attorney fees.

There is discretionary periodic payment for damages awards over $100,000.00 arising from ordinary negligence.

Additional Rules

Idaho mandates the pretrial submission of a claim to a hearing panel. The panel's findings are nonbinding and are not admissible at trial.

Why Use A Malpractice Lawyer

Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms.

Medical malpractice lawsuits can be exceptionally expensive to pursue, with costs often exceeding $100,000.00. Due to the technical skills involved in prosecuting a malpractice claim, the possibility that an inexperienced lawyer may not be sufficiently conversant with the medical issues, or might make a technical error which causes a case to be lost or dismissed, and the very high costs the malpractice law firm typically must advance, an injured patient is very well served by going with a specialist firm.

Even within the specialized practice of medical malpractice law, you will find that some lawyers have subspecialties of practice, for example focusing on surgical errors, misdiagnosis, or birth trauma cases.