Whether you are going to your primary care physician for a regular checkup, visiting a specialist for targeted treatment, or need emergency medical intervention in a hospital, you should be able to trust that the doctors caring for you will always act diligently and reasonably to protect your health. Fortunately, most healthcare professionals meet this expectation without any issues. Unfortunately, those who do not can cause life-changing injuries that lead to hundreds of thousands of dollars in financial and personal losses.
Holding a healthcare practitioner liable is a uniquely challenging endeavor that requires the skill of a seasoned civil attorney. Consider working with a capable Coeur d’Alene medical malpractice lawyer to improve your chances of a favorable resolution to your case.
Our attorneys handle cases involving:
This list represents the most common medical malpractice claims we handle. It is not a comprehensive list. If you have been harmed in any way by someone practicing in the medical field, you should talk to an attorney from our legal team. We can help you determine whether you have a viable claim.
Idaho Code §6-1001 requires all plaintiffs to submit their initial claim to the Idaho Board of Medicine for prelitigation screening. Upon receiving such a petition, the Board will construct a panel of qualified medical and legal experts to review available records and interview witnesses in order to determine whether the claim has merit.
Under Idaho Code §16-1011, the panel has a maximum of 90 days—barring both the plaintiff and the defendant(s) agreeing to an additional 30-day extension—to reach a conclusion about whether the claim has merit and inform all involved parties of their findings. If the panel unanimously agrees not only on the claim’s merit but also on an appropriate financial award for the plaintiff to receive, they may pass down a recommendation for a matching settlement amount.
However, while submitting to this screening is required for all prospective malpractice plaintiffs, the panel’s decisions and recommendations are not legally binding. An unfavorable verdict from the panel does not legally bar a plaintiff from continuing to pursue litigation. A Coeur d’Alene medical negligence attorney could explain how this process works in full detail and provide crucial assistance preparing for it efficiently.
Even if a medical malpractice claim has merit, there are still several ways in which state law might prevent an injured patient from obtaining restitution for the full value of their losses. Most notably, Idaho Code §6-1603 caps recovery for non-economic “pain and suffering” at a maximum of $250,000 in almost every situation. However, recent adjustments based on average annual income for Idaho residents increased this cap to about $386,000 as of 2020.
In addition, Idaho Code §5-219(4) allows most plaintiffs only two years from the date of an ascertainable injury resulting from medical practice in which to file a lawsuit. Notably, there are exceptions to this rule in specific situations that a healthcare malpractice lawyer in Coeur d’Alene could go over if applicable to a case. For instance, if a case involves fraudulent acts by the defendant to conceal their actions or a foreign object being left in a patient’s body during surgery, the two-year filing period may not begin until the plaintiff actually discovers or reasonably should have discovered their injuries.
Numerous rules uniquely apply to medical malpractice claims. Between that and the inherently complicated nature of negligence in a medical setting, guidance from experienced legal counsel can be essential for any plaintiff who wants a chance at a favorable case result.
A Coeur d’Alene medical malpractice lawyer could serve as your steadfast ally from beginning to end of the litigation process. Call today for an initial meeting.
Owens, McCrea & Linscott, PLLC