Health & Medical in Idaho
Key Idaho Law
Idaho Code Section 5-219(4)
Idaho requires medical malpractice claims to be filed within two years of when the patient knew or should have known of the malpractice under Idaho Code § 5-219(4). An absolute repose period of five years applies.
View official statuteProcedural Details in Idaho
Idaho Agencies & Resources
Idaho Board of Medicine
Licenses and disciplines physicians in Idaho; investigates complaints about professional conduct.
Idaho Department of Health and Welfare
Oversees hospital licensing and patient safety programs in Idaho.
Idaho Department of Insurance
Regulates health insurance and handles consumer complaints in Idaho.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in Idaho?
Idaho Code § 5-219(4) provides a two-year statute of limitations from when the patient knew or should have known of the malpractice. An absolute five-year repose period applies. Idaho also requires submission to a pre-litigation screening panel before filing suit, which may affect timing.
Does Idaho cap non-economic damages in malpractice cases?
Yes. Idaho Code § 6-1603 caps non-economic damages (pain, suffering, disability, disfigurement) in medical malpractice cases at approximately $250,000 (adjusted periodically). Economic damages like medical bills and lost wages are uncapped.
What is Idaho's pre-litigation screening panel?
Under Idaho Code § 6-1001, medical malpractice claims must be submitted to a screening panel of an attorney, physician, and layperson before a lawsuit may be filed. The panel reviews the evidence and issues an opinion on liability and damages. The opinion is admissible at trial but not binding on the jury.
How do I file a complaint against a doctor in Idaho?
Complaints against physicians may be submitted to the Idaho Board of Medicine online at bom.idaho.gov. The Board investigates and may impose sanctions, suspend, or revoke licensure. A board complaint is separate from civil litigation and does not affect the statute of limitations clock.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in Idaho?
Every situation is unique. Try our educational assessment tool for guidance based on your specific circumstances.