Statute ofLimitations | Medical Claim Generally:The statute of limitation in Idaho is generally two years. However, the discovery rule applies and tolls the statute two years if a foreign object is left in the body or there is fraudulent concealment. [IC § 5-219-(4)] Minors:In Idaho, the statute of limitations for medical malpractice claims involving minors is generally extended until the child's 18th birthday. However, the extension can't exceed six years. This means that minors have up to eight years from the date of their injury to file a claim, whichever is sooner. Wrongful death:A wrongful death claim in Idaho must be filed within two years of the death. [IC § 5-219-(4)] |
Damage Caps | “In no action seeking damages for personal injury, including death, shall a judgment for noneconomic damages be entered for a claimant exceeding the maximum amount of two hundred fifty thousand dollars ($250,000). The cap applies to each claimant separately, regardless of the number of people responsible for the damages. The cap does not apply to cases of reckless, willful, or felonious misconduct." However, this number is adjusted annually. [IC § 6-1603] |
Attorney Fee Caps | Idaho currently has no attorney fee caps other than the general requirement of reasonableness [Idaho Rules of Professional Conduct 1.5] |
Pre-suit Requirements | Idaho requires a hearing before a panel before filing a medical malpractice claim [IC § 6-1001] |
Expert Qualifications | In Idaho, expert witnesses in medical malpractice cases are required to have “professional knowledge and expertise coupled with actual knowledge of the applicable said community standard to which his or her expert opinion testimony is addressed.” An expert is not required to have the same specialty. [IC § 6-1013] |
Negligent Credentialing Claims | There is no certainty as to whether Idaho recognizes negligent credentialing [Idaho Code § 39- 1392c] |
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