Idaho Law Blog

A key consideration in any personal injury case, including car accidents, is that Idaho has a two year statute of limitations for most cases.  Cases involving children have longer deadlines, and cases involving governmental entities have shorter deadlines.  So, be very mindful of time-limitiations; your personal injury attorney can guide you on this issue.  Another important rule of thumb to keep in mind is:  do what your doctor says!  Follow medical-professional advice in terms of your healing and recovery.  Your health is the most important part of the initial process -- do what the doctors order to give yourself the best chance at a full recovery, dealing with personal injury attorneys is an important part of the process but really should be secondary.  Lastly, in most cases it is not wise to speak with the insurance company for the opposing, at-fault driver for anything other than getting your vehicle fixed or replaced, i.e., your property damage claim.  Conversations about fault and liability are best had with your own personal injury lawyer.

Mahoney Law, PLLC in Boise settled a birth injury case against the United States for $7.2 million.  The case involved negligent care provided at a local, federally funded clinic, hence the case was brought against the clinic via the United States under the provisions of the Federal Tort Claims Act.  The case involved mishandled prenatal care by staff of the clinic (failure to screen for intrauterine growth restriction), as well as a botched labor and delivery by a doctor employed by the same clinic (failure to timely call for an obstetrical consult for cesarean section).  The settlement is invested for the young child and is projected to provide $19 million in returns for lifetime benefits.  

Mahoney Law is pleased to report that we recently obtained a $500,000 insurance policy limits settlement in a case involving a 4-wheeler ATV rollover accident.  Our client's pelvis was crushed in the ATV 4-wheeler rollover.  We were able to obtain the insurance policy maximum from the at fault driver by thoroughly documenting and presenting our client's injuries, damages, and permanent impairments.  

We are pleased to report that Mahoney Law, PLLC recently settled a birth injury cerebral palsy case for $2 million.  The case invovled allegations of mishandled labor and delviery by the doctor and hospital staff.  We are proud to have helped this young family turn corner in their lives and to have held those responsible accountible for their negligent care.

 

Basic tips for bringing a medical malpractice lawsuit in Idaho:

1

Time Limits

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. Do not delay, as these deadlines are all critical.

2

Case Evaluation

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.

3

Case Process

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.

Additional Resources

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

 

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