Attorneys

Idaho Medical Malpractice FAQs

• Statutes Of Limitations
  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
• 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 … more
• Joint And Several Liability
  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
• Contribution
  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
• Vicarious Liability
  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
• Expert Testimony
  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
• Damage Caps
  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
• Statutory Cap On Attorneys' Fees
  Idaho has no statutory cap on attorneys' fees.
• Periodic Payments
  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
• Collateral Source Rule
  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