Idaho Birth Injury Lawyers

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Idaho Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Idaho Code §5-219 Two years from injury. Foreign object: one year from reasonable discovery or two years from injury, whichever is later.

Idaho Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

§6-1603. $250,000 limit on noneconomic damages, adjusted annually according to state's average annual wage.

§6-1604. Punitive damages limited to the greater of $250,000 or amount three times of compensatory damages.

Limits on Attorney Fees

No limitations.

Periodic Payments

§6-1601 et seq. If the amount of future damages exceeds $100,000, the court may, in the exercise of its sound discretion, and at the request of either party, enter a judgment which provides for the periodic payment of that portion of the verdict. All judgments payable by periodic payments, as provided in this section, shall constitute a property right of the judgment creditor entitled to receive the payments, shall survive the death, disability or incapacity of the judgment creditor, and shall be inheritable, devisable, assignable and otherwise subject to disposition by the judgment creditor as any other form of intangible personal property; provided that nothing contained herein is intended to amend, modify or in any way alter any federal, state or local laws pertaining to taxes which may or may not be assessed against all or any portion of the judgment.

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

§39-1392 et seq. Peer review