Medical Malpractice Attorney Serving Meridian & Boise, Idaho

Medical malpractice occurs when a healthcare provider's negligence or failure to adhere to standard practices results in harm to a patient. Working through the intricacies of medical malpractice claims in Idaho requires a thorough understanding of the state's legal framework, including the definitions, processes, and potential challenges associated with these cases.

At Shep Law Group, we are committed to helping our clients pursue compensation for their medical malpractice claims. Located in Meridian, Idaho, we serve clients in Boise, Ada County, Canyon County, and throughout the state.

Understanding Medical Malpractice

Medical malpractice refers to professional negligence by a healthcare provider that results in harm to a patient. This harm typically arises from a failure to provide care that meets the accepted standard of practice in the medical community. Common examples of medical malpractice include:

• Misdiagnosis or delayed diagnosis: Failure to diagnose a condition correctly or in a timely manner, leading to worsened health outcomes.

• Surgical errors: Mistakes made during surgery, such as performing the wrong procedure or leaving foreign objects inside the patient.

• Medication errors: Prescribing the wrong medication or dosage, leading to adverse effects or ineffective treatment.

• Birth injuries: Harm caused to a baby during childbirth due to improper medical care, such as failure to monitor fetal distress.

How to Identify Medical Malpractice

To prove medical malpractice in Idaho, you must establish the following elements:

• Duty of care: The healthcare provider owed a duty of care to the patient. This is typically established by the provider-patient relationship.

• Breach of duty: The healthcare provider breached their duty by failing to meet the standard of care. The standard of care refers to what a reasonably competent provider would do under similar circumstances.

• Causation: The breach of duty directly caused the patient’s injury. You must be able to demonstrate that the injury wouldn't have occurred if it weren't for the healthcare provider’s negligence.

• Damages: The patient suffered actual damages or harm as a result of the breach. This can include physical injury, emotional distress, additional medical expenses, and lost wages.

How to File for Medical Malpractice

1. Consult an attorney: Before proceeding with a medical malpractice claim, consult with an attorney experienced in medical malpractice. An attorney can help evaluate the merits of your case, gather evidence, and work through the legal process.
   

2. Obtain medical records: Obtain copies of your medical records from the healthcare provider or facility involved. These records are crucial for establishing the standard of care and identifying any deviations from it. Have your attorney and potentially a medical professional review the records to determine if there was a breach of the standard of care.
   

3. File notice of the claim: Before filing a lawsuit, you may be required to provide a Notice of Claim to the healthcare provider or facility. This notice typically includes a summary of your allegations and the damages you're seeking.
   

4. Attend a medical review panel: Idaho requires a review by a medical review panel before filing a lawsuit. The panel, composed of medical professionals, reviews the evidence and provides an opinion on whether the healthcare provider breached the standard of care.
   

5. File a lawsuit: If the medical review panel's opinion is favorable, you can file a lawsuit in the appropriate court. Make sure that you file within the statute of limitations to avoid having your claim barred.
   

6. Engage in discovery: Both parties may take depositions from witnesses, including medical professionals, to gather information and testimony relevant to the case. Written questions exchanged between the parties can help clarify issues and gather additional evidence. Professional witnesses, such as medical professionals, may provide testimony on the standard of care and whether it was breached.
   

7. Negotiate a settlement: Many medical malpractice cases are resolved through settlement negotiations. Your attorney will negotiate with the defendant’s insurance company or legal representatives to reach a fair settlement. If a settlement is reached, both parties will sign an agreement outlining the terms of the settlement, including any compensation and release of liability.
   

8. Attend trial: If a settlement can't be reached, the case will proceed to trial. Both parties will present their evidence and arguments before a judge or jury. The judge or jury will render a verdict based on the evidence presented. If the verdict is in your favor, the court will award damages according to the proven harm and losses.

Statute of Limitations for Medical Malpractice Claims

In Idaho, the statute of limitations for filing a medical malpractice claim is generally two years from the date the injury occurred or from the date the injury was discovered. However, there are some exceptions.

The time limit may be extended if the injury wasn't immediately discoverable. Additionally, for claims involving minor children, the statute of limitations may be extended until the child reaches the age of 18.

It's crucial to adhere to the statute of limitations to avoid losing your right to pursue a claim. Consulting with an attorney as soon as possible can help make sure that all deadlines are met.

Common Challenges in Medical Malpractice Cases

• Establishing breach of duty: Proving that the healthcare provider breached the standard of care can be challenging. You'll need professional testimony to establish what the standard of care was and how it was breached. Identifying and securing credible professionals can be a complicated and time-consuming process. Medical records and procedures can be complicated and require detailed analysis to understand the nature of the alleged negligence.
  

• Proving causation: Demonstrating that the breach of duty caused the injury requires clear evidence. You must show a direct link between the healthcare provider’s actions and the injury sustained. This can be difficult if there were multiple potential causes of the injury. If the patient had pre-existing conditions, it may be challenging to prove that malpractice was the primary cause of the injury.
  

• Financial and emotional costs: Medical malpractice cases can be costly and emotionally taxing. The costs of litigation, including professional witnesses and court fees, can be significant. Some attorneys work on a contingency fee basis, meaning they only get paid if you win the case. Pursuing a medical malpractice claim can be emotionally challenging, as it often involves a detailed examination of personal health issues and potential trauma.

Potential Outcomes and Compensation

If successful, you may be awarded various types of compensation, including:

• Economic damages: Compensation for tangible losses such as medical expenses, lost wages, and future medical costs.

• Non-economic damages: Compensation for intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.

• Punitive damages: In rare cases, punitive damages may be awarded to punish particularly egregious conduct and deter similar behavior in the future.