Idaho Medical Malpractice Statute of Limitations

When a patient is injured by the negligent action or inaction of their healthcare provider, it is called medical malpractice.  It may occur because of improper prescriptions, misdiagnosis, failure to provide appropriate care, or providing care that is damaging to the patient.  Every state has laws allowing a patient injured in this way to file suit to recover medical costs as well as compensation for other forms of suffering that result from this injury.   The injured patient must be sure to file that lawsuit within their state’s statute of limitations, which is different from state to state.  In Idaho, the state statute of limitations is 2 years. 

Time Limits for Filing a Claim in Idaho

The statute of limitations for medical malpractice claims in the state of Idaho is 2 years from the date the act that caused the patient’s injury occurred.  In wrongful death lawsuits that are the result of malpractice injuries, the statute of limitations is also 2 years.  For a minor, the statute of limitations begins to run on the minor’s 18^th birthday. 

Negligence Laws

In addition to the Idaho 2-year statute of limitations, Idaho also requires that the plaintiff in a medical malpractice case have their testimony supported by expert testimony from a medical professional familiar with the standards of practice common to the local medical community.  In addition, state law requires that the claim be submitted to a hearing panel before the trial, although the results are nonbinding and cannot be introduced into the trial proceedings.  Judges, at their discretion, may also require that, in cases of ordinary negligence, damage awards of over $100,000 be delivered in periodic payments.  For further negligence laws in the state of Idaho, see the following chart:

Award Limits in Idaho

Idaho has placed a cap on the damages a court can award in medical malpractice lawsuits.  That limit is for $250,000 for non-economic damages, with the court taking into consideration any adjustments that should be made based on the state’s average annual wage adjustments.  These caps do not apply to cases in which it is determined that the negligence was willful or reckless, or could be considered a felony.  The state of Idaho has also placed a limit of $250,000, or three times the compensatory damages, for punitive damage awards.

Legal Help

Anyone attempting to win a medical malpractice lawsuit should consider calling upon a skilled medical malpractice attorney to help them pursue their case.  This is expensive and time-consuming litigation that can be difficult, if not impossible, for a nonprofessional to handle successfully.  An attorney will provide expert advice concerning the merits of these cases before they even go to court that can prepare a plaintiff for the challenges to come.