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Contributory Or Comparative Negligence

The contributory negligence of a claimant does not bar recovery if the claimant's fault is less than the defendant's fault. Idaho Code § 6­801 (1990). Idaho has adopted the "individual rule" form of contributory negligence: the claimant's negligence is compared to each defendant's negligence and the claimant is barred from recovery as to those defendants who are less negligent than he is. Id.; Beitzel v. City of Coeur d'Alene, 121 Idaho 709, 827 P.2d 1160 (1992). Where recovery is allowed, damages are diminished in proportion to the comparative responsibility attributable to the claimant.

Other Idaho Medical Malpractice FAQs

  • Q: Statutes Of Limitations
    A: The limitation period applicable to medical malpractice actions for injury or death is two years from the time the cause of action accrued. Idaho Code § … More
  • Q: Joint And Several Liability
    A: Idaho adheres to a modified version of common law joint and several liability. Idaho Code § 6­803 (1990). Where the tortfeasors were acting in concert or as … More
  • Q: Contribution
    A: The right of contribution exists among joint tortfeasors (defined to include both those jointly and those severally liable). A tortfeasor is entitled to contribution … More
  • Q: Vicarious Liability
    A: A hospital is only liable for the negligent acts or omissions of its employees and agents. Keyser v. St. Mary's Hospital, 662 F. Supp. 191 (D. Idaho 1987). There … More
  • Q: Expert Testimony
    A: In any medical malpractice action, the claimant must prove by direct expert testimony that the defendant negligently failed to meet the applicable community standard … More
  • Q: Damage Caps
    A: Non­economic damages for personal injury or wrongful death may not exceed $400,000. Idaho Code § 6­1603 (1990). The $400,000 cap has been adjusted on July … More
  • Q: Statutory Cap On Attorneys' Fees
    A: Idaho has no statutory cap on attorneys' fees.
  • Q: Periodic Payments
    A: When future damages in a personal injury action exceed $100,000, the court may, in its discretion and at the request of either party, order the periodic payment of the … More
  • Q: Collateral Source Rule
    A: Judgment may be entered only for those damages that exceed compensation received from collateral sources. Evidence of the collateral payments is submitted to the trial … More
  • Q: Pre-Judgment Interest
    A: Generally, pre­judgment interest is not awarded in tort cases, unless the damages are reasonably ascertainable. Davis v. Professional Business Services, 109 Idaho … More
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