Idaho Medical Malpractice Laws

There is a limit on noneconomic damages in the amount of $250,000, which is adjusted annually for inflation. Punitive damages are limited to $250,000 or three times the amount of compensatory damages, whichever is greater. The statute of limitations for medical malpractice claims is two years from the injury (for foreign objects, two years from the injury or one year from the date of reasonable discovery, whichever is later). There is modified several liability – the defendants are responsible for their portion of damages based on their percentage of fault unless the defendants were acting in concert or acting as an agent or servant of another party. There is no limitation on attorney fees. Periodic payments may be ordered by the court where the amount of future damages awarded exceeds $100,000, upon request of a party. The Idaho State Board of Medicine is required to provide a hearing panel (called a special civil grand jury) to review the claim in a nonbinding proceeding before a lawsuit is filed. There is no requirement for an affidavit or certificate of merit. Experts must be competent and have actual knowledge of the applicable standard of care in the community where the incident occurred and at the time of the incident.

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