People are sometimes surprised to learn about the special rules that apply to Idaho medical malpractices cases. John Kluksdal discusses these rules in our latest podcast. You can listed to the podcast here:
As John explains for Idaho medical malpractice cases, the two-year statute of limitation is the same as other personal injury cases. For a medical malpractice case in Idaho, you have two years to file your claim. Otherwise you lose that right. But more importantly, here are a bunch of rules that are special for medical malpractices cases in Idaho. For example, you have to file a prelitigation screening application with the Board of Medicine. This is its own special Administrative process and an Attorney for Medical Mistakes Idaho can explain it more fully.
Another special rule for medical malpractice cases is, certain evidence much be presented at trial and presented specifically in accordance with the statute, or you will lose your case. The statute requires proof the doctor was negligent. You have to provide an expert in the same specialty as the doctor who’s supposedly at fault, and that person must know the local standard of care at the time the negligence was allegedly committed. That person must testify that the doctor breached the local standard of care.
The Special Rules Create Problems For Injured People
That statutory obligation a challenge because local doctors who specialize in the same field as the doctor who’s allegedly at fault, don’t want to testify against another doctor. So, we have to expand our search for an expert and go to the University of Utah, Oregon Health Sciences University, or Washington University to find an expert who’s willing to testify. But, that person has to establish that they have knowledge of the local standard of care. We might be able to establish the standard of care is a national standard that applies to all board-certified doctors. It’s complicated. That why you need the Best Medical Malpractice Attorney Boise Idaho
Is the outside expert always a medical doctor?
No, because the medical malpractice statutes apply to not only medical doctors, but also to hospitals, nurses, chiropractors and dentists.
Is the local standard of care documented?
No. That’s one of the difficulties in proving the standard was not met. The medical community doesn’t have written standards of care.
Are there limits on the damages that can be recovered?
John: There are no limits on past and future medical bills. If someone has a million dollars in medical bills, they can recover that. Also, there are no limits on past and future lost wages. So if a person has paralysis, or a brain injury and can’t work for the rest of their life, that person can recover the full amount of their past and future wages. They can also recover unlimited out-of-pocket expenses.
However, non-economic damages in Idaho have a cap. Non-economic damages are commonly referred to as pain and suffering. The cap in 2018 is $357,000.
Call Attorney John Kluksdal for a free consultation and case review at (208) 343-7510.
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