Requirements For Filing An Idaho Medical Malpractice Lawsuit
In any medical malpractice claim, you must establish that a medical professional’s negligence was a major cause of an injury. Any time a medical professional deviates from the accepted medical standard care of his or her particular field and an injury occurs, he or she may be considered negligent. Your entire legal argument hinges on this concept of negligence.
For example, if your child’s injury could have been prevented by completing a c-section instead of a vaginal birth, your healthcare provider could be considered negligent.
It’s not up to you to establish negligence on your own. Determining how a birth injury occurred requires a careful review by a medical expert and an experienced birth injury lawyer. Our Idaho birth injury lawyers have contacts with experts in the medical field who can help substantiate your claim.
Idaho State Laws For Birth Injury Malpractice Claims
Medical malpractice laws vary between each state. If you’re considering legal action for a birth injury, it helps to be aware of these laws. However, birth injury malpractice claims are usually more complex than most other malpractice cases, and the circumstances of your child’s injury may influence how these laws apply to your case.
What Is The Statute Of Limitations In Idaho?
The standard statute of limitations for Idaho medical malpractice cases is two years from when the injury occurred. However, determining the start date of this time limit is not always easy, especially for birth injuries. If your child suffered a birth injury and you have yet to take legal action, it’s best to act as quickly as possible. A birth injury malpractice lawyer can help you better understand how this law might apply to your case.
Pretrial Screening Panels
Before your malpractice claim goes to trial, Idaho law requires you to file the case with a pretrial screening panel. You can do this before or after filing your lawsuit. These panels are a form of alternative dispute resolution, designed to arrive at a settlement without going to trial.
Caps On Damages
In Idaho, the amount of compensation you can recover for non-economic damages is capped at $400,000. This applies to subjective damages, such as pain and suffering and emotional distress. Economic damages (such as medical bills, lost wages, adaptive equipment, etc.) are not capped.
Birth Injuries With High Lifetime Costs
Medical negligence can lead to several types of birth injuries, and many of them can require a lifetime of treatment. Some birth injuries with high lifetime costs include:
Families of children with severe birth injuries must provide a detailed and expensive support system for their children, including such measures as:
- Frequent medical care (doctor’s appointments, surgeries, medication, etc.)
- Handicap-accessible vehicles and home renovations
- Adaptive devices (prosthetics, braces, wheelchairs, etc.)
- Occupational, speech, physical, and other therapies
- Daily personal care-takers
Most families don’t have the expendable income to handle these expenses on their own. This is why it’s so important to take legal action soon after a birth injury.
Tips For Taking Legal Action After A Birth Injury
As we mentioned above, it’s important to act quickly after your child suffers a birth injury. This has a few different benefits: it’s the best way to make sure you meet legal requirements like the statute of limitations, gives you a better chance of winning in court, and helps your child recover the support they need in a timely manner.
Most families are unsure if they have a case until they speak with a lawyer. Our Idaho birth injury lawyers understand the details of Idaho medical malpractice laws, how insurance companies operate, and how to win these claims. We can help you determine if you have a case in a free consultation, and will only ask for payment at the end of your case if we’ve helped you secure financial compensation to your family.
To find out more about your legal options, contact us today to speak with one of our experienced Idaho birth injury malpractice lawyers.