Attorneys

Statutory Cap On Attorneys' Fees

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: Contributory Or Comparative Negligence
  A: 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
• 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: 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