Idaho Medical Malpractice Laws

When a foreign object was inadvertently left in the body, the limitation period runs from the date the patient discovered or should have discovered the object, but not more than 2 years from the act.

The statute of limitations is tolled for minors. The tolling period cannot extend the deadline by more than 6 years beyond the date of the act.

Noneconomic damages are capped at a base of $250,000, adjusted annually. The cap does not apply to willful or reckless conduct or acts constituting a felony. Economic damages (medical bills, lost wages) are not capped.

Before filing a medical malpractice lawsuit against an Idaho-licensed physician or acute care hospital, the claim must first be submitted to a hearing panel organized by the Idaho Board of Medicine. The process is informal and nonbinding but is a mandatory prerequisite to litigation.

The plaintiff must prove by direct expert testimony that the defendant failed to meet the applicable standard of health care practice of the community in which the care was provided.

Idaho applies a "community standard" rather than a national standard. The plaintiff must show the defendant failed to meet the standard of care as practiced in the same community or a similar community.

Patients have the right to informed consent before treatment. Healthcare providers must disclose the nature of the proposed treatment, risks, alternatives, and probable outcomes.