The right of contribution exists among joint tortfeasors (defined to include both those jointly and those severally liable). A tortfeasor is entitled to contribution when he has discharged the common liability or has paid more than his pro rata share. Idaho Code § 6803 (1990). A joint tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from joint tortfeasors whose liability to the claimant was not extinguished by the settlement.
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Additional Medical Malpractice Articles
- Statutes Of Limitations
- Contributory Or Comparative Negligence
- Joint And Several Liability
- Vicarious Liability
- Expert Testimony
- Damage Caps
- Statutory Cap On Attorneys' Fees
- Periodic Payments
- Collateral Source Rule
- Pre-Judgment Interest
- Patient Compensation Funds And Physician Insurance