Medical Malpractice Rules in Idaho
The deadline to file a medical malpractice claim in Idaho, the discovery rule, and caps on damages.
Short answer: A professional malpractice claim must be filed within two years after the act or omission; the period is not extended by continuing treatment or continuing consequences. Idaho Code § 5-219(4)
| Medical malpractice deadline | A professional malpractice claim must be filed within two years after the act or omission; the period is not extended by continuing treatment or continuing consequences. If a foreign object was left in the body, or the damage was fraudulently concealed, the claim accrues when the patient knew or reasonably should have been put on inquiry, and must be filed within one year after that or two years after the act, whichever is later. Source: Idaho Code § 5-219(4) |
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| Medical malpractice caps | No separate malpractice-only cap. The general non-economic damages cap (starting at $250,000 and adjusted annually) applies to all personal injury and wrongful death actions, including medical malpractice. Source: Idaho Code § 6-1603 |
More Idaho personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Idaho
- Wrongful Death Lawsuits in Idaho
- Car Accident Claims in Idaho
- Dog Bite Liability in Idaho
- Motorcycle Accident Claims in Idaho
- Pedestrian Accident Claims in Idaho
- Bicycle Accident Claims in Idaho
- Uber and Lyft Accident Claims in Idaho
- Construction Site Injuries in Idaho
- All Idaho personal injury & wrongful death rules
FAQ
What is the statute of limitations for medical malpractice in Idaho?
A professional malpractice claim must be filed within two years after the act or omission; the period is not extended by continuing treatment or continuing consequences. If a foreign object was left in the body, or the damage was fraudulently concealed, the claim accrues when the patient knew or reasonably should have been put on inquiry, and must be filed within one year after that or two years after the act, whichever is later.
Is there a cap on medical malpractice damages in Idaho?
No separate malpractice-only cap. The general non-economic damages cap (starting at $250,000 and adjusted annually) applies to all personal injury and wrongful death actions, including medical malpractice.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.