Idaho Law Blog

Top level personal injury lawyers are very selective about the cases they accept. A highly rated personal injury attorney is required to consider several important factors in deciding whether to take a personal injury lawsuit.  First, the best personal injury law firms must assess whether they can prove that the opposing side did something wrong that rises to a negligence, or even recklessness, sometimes referred to as “liability.”  Not all harmful conduct is negligence, it depends on whether the opposing side behaved unreasonably under the circumstances, without due care, where it could be reasonably foreseen that another could be injured.  Often the personal injury lawyer will enlist the help of qualified experts in the proper field (such as accident reconstruction experts) to help determine whether liability can be proven.  Second, the personal injury attorney will assess the level of injury and harm that you suffered in the accident.  Personal injury lawsuits are very expensive to bring to trial, so usually only cases involving meaningful injuries are pursued to ensure that the costs of litigation do not exceed the damages that could reasonably be awarded to you.  A third item that a personal injury law firm will evaluate is the level of insurance or financial resources the opposing side has available from which to pay money damages, whether in the form of liability insurance or otherwise.  Finally, a fourth consideration is timing relative to the statute of limitations (time deadlines) for taking legal action on personal injury cases. There are other factors that may be considered, and each case certainly is unique, but the topics discussed above are a general starting list of the initial things a personal injury attorney will evaluate in deciding whether to take your personal injury case. 

Medical malpractice lawyers are very selective about the cases they accept. A medical malpractice attorney is required to consider several important factors in deciding whether to take a medical malpractice lawsuit.  First, the medical malpractice law firm must assess whether he or she can prove that your healthcare provider did something wrong that rises to a negligent violation of the standard of care.  Not all medical errors are violations of the standard of care, some are, some are not.  Often the medical malpractice lawyer will enlist the help of qualified experts in the proper field to help determine whether liability can be proven.  Second, the medical malpractice attorney will assess the level of injury and harm that you suffered from the medical negligence.  Medical malpractice lawsuits are very expensive to bring to trial, so usually only cases involving significant injuries are pursued to ensure that the costs of litigation do not exceed the damages that could reasonably be awarded to you.  A third item that a medical malpractice law firm will evaluate is the level of insurance or financial resources the opposing side has to pay money damages, whether in the form of liability insurance or otherwise.  Finally, a fourth consideration is timing relative to the statute of limitations (time deadlines) for taking legal action on medical cases.  There are other factors that may be considered, and each case certainly is unique, but the topics discussed above are a general starting list of the initial things a medical malpractice attorney will evaluate in deciding whether to take your medical malpractice case.

INTRODUCTION TO TRUCKING ACCIDENT INJURY CLAIMS HANDLED BY TRUCKING LAWYERS IN IDAHO

In Idaho, truck accidents present unique issues as a type of personal injury claim.  Here is some basic information on trucking crashes in Idaho to answer some frequently asked questions (FAQs) on trucking related claims and lawsuits, as well as steps to take if you have been involved in a serious truck related personal injury crash.   An attorney on a trucking accident case must have the resources necessary to properly investigate the facts, present the claim to the insurance company, and then litigate the trucking injury claim if necessary. This provides an overview of causes of semi-tractor trailer accidents in Idaho, the process followed by a personal injury truck collision law firm, unique legal issues in Idaho big rig injury accidents, and a summary of the types of injuries in trucking related crashes, accidents, and collisions.  These issues apply to all types of large commercial trucks, including those commonly referred to as semis, tractor-trailers, big-rigs, 18-wheelers, delivery trucks, cement trucks, cargo trucks, garbage trucks, tow trucks, logging trucks, dump trucks, buses, moving vans, fuel trucks, tankers, and the like.  

TRUCKING CRASH CAUSES THAT MAY REQUIRE A TRUCK ACCIDENT LAWYER IN IDAHO

Idaho semi-tractor truck crashes can be caused by any number of factors.  Violating Idaho’s basic rules of the road is one cause.  Another cause is brake problems and other equipment related problems and failures.  Big rig crashes in Idaho can be caused by road conditions, construction zones, and drivers traveling too fast in those situations.  Tractor-trailer injury accidents may be caused by the truck driver working over hours, driver fatigue, and prescription and/or over the counter drug use.  There are rules and regulations that may apply as to the amount of time an 18-wheeler truck driver can be on the road, time off between trips, and weekly hours. Of course, some truck crashes are due to driver intoxication from alcohol or illegal drugs.  Poor visibility out of the truck cab is a known problem in the trucking industry and blind spot problems may contribute to truck collisions. Distracted driving, including cell phone use, by be a factor in a given case.   Tire failure, from negligent installation, tread wear, retread failure, and the like, have been a contributing factor to serious truck cashes as well, as has overloading.  Some truck drivers may be unfamiliar with the route.  Another contributing factor to big rig accidents may be inadequate trucking company oversight, training, and surveillance of drivers.  Fallen cargo and out of state drivers may cause accidents and they too are liable here in Idaho for personal injuries they may cause.  Weather, especially winter driving conditions in Idaho, may contribute to big rig crashes.  Here are some informative links on trucking accidents:

https://hb.511.idaho.gov/#roadReports?timeFrame=TODAY&layers=roadReports%2CweatherWarnings%2CotherStates  

https://www.fhwa.dot.gov/tpm/reporting/state/safety.cfm?state=Idaho

https://apps.itd.idaho.gov/Apps/OHS/Crash/17/Analysis.pdf

https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/idaho_fy2018_hsp.pdf

http://www.spokesman.com/stories/2018/sep/10/100-deaths-reported-on-idaho-roads-during-summer/

https://www.idahostatesman.com/latest-news/article164009112.html

TRUCK CRASH CASE PROCESS FOLLOWED BY TRUCK ACCIDENT ATTORNEYS IN IDAHO 

First the Idaho personal injury lawyer in a truck related case must investigate the facts of the crash.  This may require hiring an accident reconstructionist to visit the scene, take measures, and take detailed photographs.  The accident reconstructionist may run calculations to determine issues as to speed, distance, visibility, breaking, and the like.  The lawyer may contact the trucking company and ask that it preserve all evidence by way of an evidence preservation letter.  This, for example, may be geared towards later obtaining any black box data on the operation of the truck as well as gps data. The attorney in an Idaho trucking crash case may work to obtain the driver log books, driver certification and licensing records, and driver training records.  Equipment inspection and maintenance records may prove useful depending on the case.   Second, after the facts are gathered and investigated, the Idaho trucking accident law firm will monitor the client’s personal injury status.  It is often important to wait until the crash victim reaches medical stability so that an accurate assessment of the scope and duration of injuries can be made.  Future medicals and permanent impairment must also be evaluated if applicable in a semi-tractor trailer big rig injury accident case in Idaho. Third, the big rig crash lawyer will use this information to calculate your damages, including for medical bills, loss of wages, permanent impairment, and pain and suffering.  Fourth, the trucking accident lawyer may then present your demand to the opposing insurance company in an effort to settle the case for an acceptable monetary amount before litigation.  If negotiations are unsuccessful, litigation in Idaho may then be necessary.  Fifth, the truck collision attorney will then file a lawsuit in the proper court and proceed with the discovery process.  The litigation discovery process will involve both written questions for information and documents (interrogatories and requests for production), as well as oral testimony under oath in depositions.  There may be motions filed in a trucking injury lawsuit.  The semi-tractor trailer big rig injury case will then proceed to trial if the case does not settle before trial.  If a successful verdict is obtained in the trucking injury accident trial, there may be post trial negotiations, post-trial motions, and of course appeals.  A top personal injury trucking collision lawyer will have the experience and resources necessary to go the distance with this type of case.  

UNIQUE LEGAL ISSUES IN SEMI-TRACTOR-TRAILER ACCIDENTS IN IDAHO 

Federal Motor Carrier Safety Administration https://www.fmcsa.dot.gov/regulations  

Idaho Rules of the Road https://legislature.idaho.gov/statutesrules/idstat/Title49/  

Idaho insurance laws https://legislature.idaho.gov/statutesrules/idstat/Title41/T41CH18/SECT41-1839/  

Idaho wrongful death statute:  https://legislature.idaho.gov/statutesrules/idstat/Title5/T5CH3/SECT5-311/

Idaho Jury Instructions on Negligence and Damages:  https://isc.idaho.gov/main/civil-jury-instructions

TYPES OF PERSONAL INJURIES IN BIG RIG COLLISION CASES HANDLED BY IDAHO ATTORNEYS

Those injured in semi-tractor trailer accidents in Idaho may include other drivers, passengers, pedestrians, bicyclists, motorcyclists, and even other truckers.  Commercial vehicle crashes in Idaho may involve the full range of personal injuries, from more mild soft tissue injuries, to very severe life threatening personal injuries with permanent disabilities.   This can include spinal cord injuries, burn injuries, fractures, traumatic brain injuries (TBIs), and even amputations.   Serious accidents involving large trucks in Idaho can lead to wrongful death claims for the loss of a loved one.  And, it is not unusual to have claims for emotional trauma and emotional distress in serious semi-truck related injury cases in Idaho.  These cases can involve surgeries, hospitalization, rehabilitation, physical therapy, follow up visits, etc.   http://www.patrickmahoneylaw.com/areas-of-practice/personal-injury-attorney  

TRUCK ACCIDENT RELATED PERSONAL INJURY ACCIDENT LAWYER SERVICES 

To learn more about trucking collision injury accident claims in Idaho, speak with an experienced attorney at Mahoney Law PLLC.  We serve all of Idaho.  We provide free consultations and case evaluations on truck related matters. If you are searching for information on big rig personal injury law in Idaho, here are several bullet points and pieces of quick information from our trucking case personal injury lawyer.  We strive to be your one stop shop for answers on the Idaho personal injury process for 18-wheeler injury cases. First, be aware that there are time deadlines, referred to by personal injury attorneys as “statutes of limitation.”  These time deadlines apply to personal injury cases in Idaho. These can be short and time-bar potential claims, so do not delay in consulting with a good semi-truck personal injury law firm.  Second, our Idaho semi-truck personal injury attorney will tell you that one of the most important things to take care of is your health and recovery.  Follow your healthcare provider’s instructions. Third, as Idaho a tractor-trailer personal injury attorney, we would advise against giving a statement to the at-fault party’s insurance company unless and until you have consulted with a personal injury attorney. The liable party’s insurance company is not your friend and its obligations are to its own insured not to you.  Fourth, another piece of basic advice for a tractor-trailer personal injury case in Idaho is to keep good records in a file so that you can bring the paperwork for your meeting with a Idaho personal injury firm.  Fifth, a top Idaho  truck crash injury lawyer will tell you that you need to be patient and that if you are interested in a quick, cheap settlement, to look elsewhere.  It takes time and work to properly maximize recovery for a client on a good faith, meritorious personal injury claim.  Sixth, note that lawyers in Idaho are regulated by the Idaho State Bar for protection of prospective clients; the lawyer must clearly communicate with you and provide a written contract for contingency fee (commission) based representation.  We encourage everyone to put safety first and to treat others as you would like to be treated - that will go a long way to minimizing the types of things that require people to consult us.  You can call us for more information or to schedule a meeting to discuss your Idaho commercial vehicle personal injury lawyer matter.

In your search to hire a top Idaho truck collision personal injury attorney near me, people are often confused about what to look for.  In searching for the best Idaho big-rig personal injury lawyer, you should look at whether the Idaho personal injury law firm has a proven track record of success in terms of results.  In deciding whether a firm is the best Idaho personal injury law firm for injuries due to a big rig accident, you should also look at how long that firm has been serving Idaho.  Another factor to consider in deciding on a top rated Idaho commercial vehicle personal injury lawyer is whether the highly ranked Idaho personal injury law firm is accredited by recognized groups in the profession.  And, look at the level of customer service provided in hiring the best Idaho personal injury attorney.  For basic, straightforward information on tractor trailer personal injury attorneys and semi-truck accident personal injury lawyers in Idaho, contact Mahoney Law PLLC, Idaho's go-to law firm for personal injury claims and cases, especially those involving trucking related vehicle collisions.  We can provide answers to common personal injury claim questions, such as: how do I hire a top personal injury lawyer?; how do the attorney fees work?; what if the truck driver was at fault but was not cited?; how much will it cost?; how long does it take?; will this affect my car insurance?; how does this work with my healthcare insurance?; and how much money can I expect to recover if I go forward with a personal injury matter?  When you call, have the basic facts of your situation well in mind and have collected a file of any paperwork related to your truck crash injury matter.  

Here are a few additional tips on hiring an Idaho trucking accident personal injury attorney:  (1) Be sure not to simply hire the first personal injury law firm that sends you flyers in the mail after your truck related accident occured.  These days, many so called "trial law firms" are routinely sending direct mail advertisements to injury victims.  These lawyers troll the police reports and other sources to find the names of people who have been involved in trucking related accidents.  They send out catchy mailers, brochures, guidebooks, etc., etc. trying to convince you to hire them for your trucking case.  Ask yourself:  if they are really that good would they need to send out direct mailers to me?  Probably not the firm to go with.  (2) Look for a firm with a track record of actual results that they share.  Results speak louder than words.  (3) Look for a firm with the resources to actually go the distance.  The only way you will obtain maximum value on your claim is to have an attorney who has the resources to fight to the end, versus a lawyer looking for a quick settlement.  Even if your case is one that should settle relatively quickly, you will only get maximum value if your lawyer is of the sort that is prepared to go to trial, that way the opposing insurance company knows that if they low ball you, they are in for a fight.

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The Maryland Daily Record is reporting on a $229 million birth injury medical malpractice verdict against Johns Hopkins Medical Center.  The case reportedly involved cerebral palsy from alleged mishandling of a pregnancy, labor, and delivery.  

https://thedailyrecord.com/2019/07/02/hopkins-verdict-byrom/

Mahoney Law PLLC handles birth injury cases throughout Idaho.  http://www.idahobirthinjurylawfirm.com

Introduction to Medical Malpractice

Medical malpractice victims who have been injured by medical malpractice often ask, “should I get a lawyer for a medical malpractice situation?” and, “when can an attorney help in a medical malpractice case?”  The lawyer answer is, it depends on three things: (1) fault or liability; (2) causation of serious, permanent injuries and damages; and (3) availability of insurance to pay money damages.  What is medical malpractice?  Medical malpractice occurs when a hospital, doctor, or other healthcare professional is negligent and causes harm to a patient.  The negligence might be the result of a misdiagnosis, inappropriate treatment, errors in aftercare or health management, when a provider fails to perform proper healthcare duties or medical duties.  Medical malpractice lawyers can literally be lifesavers in helping navigate these issues and provide attorney answers.  You will want to discuss how much the lawyer charges for a medical malpractice case, often a contingency fee reflecting a percentage of the amount recovered in damages, where you don’t pay unless the lawyer wins for you.  A top medical malpractice lawyer will handle the full range of medical malpractice cases, medical malpracitice lawsuits involving all types of substandard care that caused serious and permanent harm to the patient.  

The medical malpractice law firm can provide answers to what the average settlement is for medical malpractice, which will depend on the variables listed above and can range from tens of thousands, to hundreds of thousands, and even in to multiple millions of dollars depending on the circumstances.  The medical malpractice lawyer can provide an explanation as to how and why the dollar amounts vary and answer questions such as “how much to you get for pain and suffering?”  

You will also learn how do you prove medical malpractice and what qualifies as medical malpractice, which involves consulting with expert medical witnesses on whether the standard of care was violated, whether that caused injuries, and the dollar amount of damages for past and future medical bills, loss of income, and pain and suffering, which are part of the four elements of medical malpractice law.  How long do you have to get a lawyer after medical malpractice?  The attorney answer is: in Idaho, adults generally only have two (2) years to take legal action, minors have longer, and there are shorter deadlines if a governmental entity is involved as a potential defendant, but each case can be different so do not delay in finding a medical malpractice law firm. 

Questions on Medical Malpractice

In researching “how do I choose a good medical malpractice lawyer” to find the best medical malpractice attorneys, you should look at experience, location, reputation, actual past results in terms of dollars recovered, as well as staff customer service.  In comparing medical malpractice attorneys and medical malpractice lawyers in Idaho, while you want a medical malpractice law firm that is aggressive and experienced, you also want an attorney that is known as one of Idaho’s best for medical malpractice claims, and a lawyer who is a winning Idaho medical malpractice attorney providing client-focused representation. Various medical malpractice attorneys will be recommended by professional organizations, which can help you come up with a definitive list of medical malpractice lawyers. Note that there are definitely reasons why a medical malpractice lawyer will not take your case, ranging from problems proving fault, to a lack of legitimate and serious injuries, to a lack of damages and a situation where there is no insurance.  These are all things to consider in deciding whether to get involved in making a claim and bringing a medical malpractice lawsuit.  But, if these factors are positive, a good medical malpractice law firm will fight for your rights to full compensation for your losses, particularly in cases where someone is suffering the effects of catastrophic medical malpractice.  A top rated lawyer will be able to help you find answers on whether it makes sense to pursue a medical malpractice settlement versus move forward with an actual medical malpractice lawsuit in court. A top rated medical malpractice law firm will be willing to meet with you in person to provide lawyer explanations to your questions as to how the process works, costs, fees, timing, and other important details.  A top rated medical malpractice attorney will explain that each case is unique and requires individual analysis and attention. http://www.patrickmahoneylaw.com/areas-of-practice/medical-negligence

Types of Medical Malpractice

Mahoney Law PLLC of Boise, Idaho is currently accepting and evaluating medical malpractice cases in Boise, and all of Idaho, involving all types of negligent medical care.  We handle cases all over the state of Idaho.  In striving to be a top medical malpractice law firm, we use the services of numerous medical experts to assist us in evaluating your potential medical malpractice case.  Medical malpractice can involve providing care in a negligent manner, an error in the commission of providing healthcare.  For example, medical malpractice can also be the lack of providing care, the failure to provide care or an ommission in providing care.  Surgery malpractice in severing an internal organ may be malpractice, as could failure to provide surgery when needed by the standard of care.  Providing the wrong treatment for a diagnosis may be malpractice, as can failure to diagnose or a delay in diagnosis.  A failure to provide a timely cesarean section in a labor and delivery setting may consitute malpractice in certain circumstances, as could using improper techniques to deal with a baby not descending properly down the birth canal or in administering too much medication to induce contractions.  Failure to diagnose infection or improperly treatment of infection can be malpractice depending on the case and may lead to serious consequences such as amputations.  Malpractice can lead to things such as loss of vision or serious vision impairment.  Another example is improper adminsitration of anesthesia or failure to properly monitor the patient under anesthesia, which can lead to a lack of oxygen to the brain causing an anoxic brain injury.  Incorrect dosing of medictions can be malpractice with potentially fatal consequences.  Sometimes, there is medical malpractice in the radiology department, where imaging scans are misread with serious consequences.  These are just several exmaples of substandard care or failure to provide care that seriously harms the patient.  

Some of the more interesting cases we have reviewed over the past month include: medical malpractice for an orthopedic surgery procedure resulting in a leg amputation; a medical malpractice case involving a radiologist misreading an imaging scan resulting in wrongful death; a medical malpractice case involving severe birth injuries due to failure to diagnose neonatal meningitis.

Mahoney Law PLLC of Boise is currently handing or reviewing medical malpractice cases involving the following areas in Idaho and across the nation:

All Types of General Medical Malpractice Cases

Sepsis Infection Cases

Mis-Diagnosis, Wrong Diagnosis, Failure to Diagnose, Late Diagnosis

Failrue to provide treatment, Delay in Providing Treatment

Birth Injury Cases

Cerebral Palsy Birth Cases

Shoulder Dystocia Birth Cases

Surgical Cases

Medical Device Cases

Time Limits in Medical Malpractice Cases

In Idaho, a patient usually has two years to file a medical malpractice lawsuit.  A personal injury victim also usually has two years to file a personal injury lawsuit.  There are certain exceptions to the two year deadline under Idaho law, for example in some cases involving minor children.  Certain procedural aspects can toll the deadline from running for a limited time, such as filing certain pre-lawsuit requests in medical cases in Idaho.  But, there are even shorter deadlines that can apply in cases with a governmental entity wherein there is a 180 notice of tort claim deadline (for county hospitals, for example), and there is a two year federal notice of tort claim requirement in certain cases involving claims against the federal government.  The bottom line is that each case can be different, so do not delay in contacting counsel to review your potential medical malpractice claim or personal injury matter to determine what the deadlines are in your case.

To recap, in Idaho, there are three key time limits that a patient needs to be aware of in bringing a medical malpractice lawsuit. First, if the hospital is a governmental entity, such as a county hospital, there is a 180 day notice of tort claim deadline. Second, before a lawsuit is filed, you have to file for a review with the Idaho State Board of Medicine's Pre-Litigation Screening Panel. Third, generally speaking, you only have two years from the date of the alleged negligence within which to actually file a lawsuit (although each case can be unique and requires review). Do not delay, as these deadlines are all critical.

Case Evaluation for Medical Malpractice

Your prospective lawyer will want to review the details of the case. He or she will first need to look at all of the relevant medical records. The lawyer will need to see if the records document anything that may have been done wrong. The lawyer will next want to have an expert in the particular medical field review the records to see if a case can be proven. Finally, the lawyer will want to evaluate the injuries the alleged negligence caused to get an idea of the possible areas of damages.

Case Process for Medical Malpractice

If your lawyer accepts your case, he or she will file the proper paperwork with the Idaho State Board of Medicine. Then, after an advisory decision is issued, the lawyer must wait 30 days, and then a lawsuit can be filed. Once a lawsuit is filed, each side will send the other written information requests, called discovery requests. Your lawyer will depose the opposing witnesses and you will be deposed by the defendant's lawyers as well. The case will be set for a trial, usually about a year to year-and-a-half down the road. As discovery proceeds, the other side may want to settle, if not the case proceeds to trial. Experts will be called on the standard of care, injuries, and damages. A verdict will be reached, which can then be appealed. This is a long process and requires patience.

Procedural Items in Medical Malpractice

There are several procedural things that need to be done for a medical malpractice lawsuit in Idaho.  Most of these can be found at https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH10/.  

Idaho requires a pre-litigation medical malpractice hearing panel process. https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH10/SECT6-1001/  The composition of the medical malpractice panel is by statute.  https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH10/SECT6-1002/  Proceedings in front of the medical malpractice panel in Idaho are informal. https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH10/SECT6-1003/  The panel will issue an advisory opinion that is not binding and is not admissible later in evidence in a medical malpractice lawsuit.  https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH10/SECT6-1004/  The statute of limitations is tolled pending panel proceedings.  https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH10/SECT6-1005/  

Proving Medical Malpractice

In a medical malpractice lawsuit in Idaho, the patient must prove the provider violated the applicable standard of care.  

https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH10/SECT6-1012/  

6-1012.  PROOF OF COMMUNITY STANDARD OF HEALTH CARE PRACTICE IN MALPRACTICE CASE. In any case, claim or action for damages due to injury to or death of any person, brought against any physician and surgeon or other provider of health care, including, without limitation, any dentist, physicians’ assistant, nurse practitioner, registered nurse, licensed practical nurse, nurse anesthetist, medical technologist, physical therapist, hospital or nursing home, or any person vicariously liable for the negligence of them or any of them, on account of the provision of or failure to provide health care or on account of any matter incidental or related thereto, such claimant or plaintiff must, as an essential part of his or her case in chief, affirmatively prove by direct expert testimony and by a preponderance of all the competent evidence, that such defendant then and there negligently failed to meet the applicable standard of health care practice of the community in which such care allegedly was or should have been provided, as such standard existed at the time and place of the alleged negligence of such physician and surgeon, hospital or other such health care provider and as such standard then and there existed with respect to the class of health care provider that such defendant then and there belonged to and in which capacity he, she or it was functioning. Such individual providers of health care shall be judged in such cases in comparison with similarly trained and qualified providers of the same class in the same community, taking into account his or her training, experience, and fields of medical specialization, if any. If there be no other like provider in the community and the standard of practice is therefore indeterminable, evidence of such standard in similar Idaho communities at said time may be considered. As used in this act, the term "community" refers to that geographical area ordinarily served by the licensed general hospital at or nearest to which such care was or allegedly should have been provided.

This is done by appropriate expert witness testimony.  https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH10/SECT6-1013/  

6-1013.  TESTIMONY OF EXPERT WITNESS ON COMMUNITY STANDARD. The applicable standard of practice and such a defendant’s failure to meet said standard must be established in such cases by such a plaintiff by testimony of one (1) or more knowledgeable, competent expert witnesses, and such expert testimony may only be admitted in evidence if the foundation therefor is first laid, establishing (a) that such an opinion is actually held by the expert witness, (b) that the said opinion can be testified to with reasonable medical certainty, and (c) that such expert witness possesses professional knowledge and expertise coupled with actual knowledge of the applicable said community standard to which his or her expert opinion testimony is addressed; provided, this section shall not be construed to prohibit or otherwise preclude a competent expert witness who resides elsewhere from adequately familiarizing himself with the standards and practices of (a particular) such area and thereafter giving opinion testimony in such a trial.

Idaho courts use specific jury instructions in medical malpractice cases, which are here: https://isc.idaho.gov/main/civil-jury-instructions  The jury instruction elements of for medical malpractice in Idaho are:                         IDJI 2.10.3 - Charging elements of medical negligence:

            On the claim of medical negligence against the defendant for failure to meet the standard of care, the plaintiff has the burden of proof on each of the following propositions:

            1.         That the defendant failed to meet the applicable standard of care as defined in these instructions;

            2.         That the plaintiff was injured;

            3.         That the acts of the defendant which failed to meet the applicable standard of care were a proximate cause of the injuries of the plaintiff; and

            4.         The elements of damage and the amount thereof.

 

Additional Medical Malpractice Resources

Idaho State Board of Medicine; American Association for Justice; Idaho Trial Lawyers Association

Mahoney Law PLLC, Idaho Medical Malpractice  http://www.patrickmahoneylaw.com/areas-of-practice/medical-negligence

In our effort to be one of the best medical malpractice firms, we offer free, no obligation case evaluations and we work on a contingency fee (commission) basis so you pay no fees unless we are successful at trial or with settlement.  We are highly ranked on AVVO, Super Lawyers, and with the Better Business Bureau.  

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