The limit on non-economic damages in medical malpractice suits is set at $250,000, which is adjusted annually for inflation. Punitive damages are limited to $250,000 or three times the amount of compensatory damages, whichever is greater. There is no limitation on attorney fees. Modified several liability is utilized, whereby a defendant is responsible for his/her portion of damages based on his/her percentage of fault, unless the defendants were acting in concert or acting as an agent or servant of another party.
Idaho imposes a two-year statute of limitations, which expires two years from the date of an "objectively ascertainable" damage or injury. For minors, there is a six-year tolling statute, which operates to impose an eight-year statutory period. A cause of action is deemed to accrue "as of the time of the occurrence, act or omission complained of," and courts have not adopted a discovery rule (unless a case of foreign object retention or fraudulent and knowing concealment), or a continuing consequences or subsequent damages doctrine.
The Idaho State Board of Medicine is required to provide a pre-litigation hearing panel to review the claim in a nonbinding proceeding before a lawsuit is commenced. The applicable statute of limitations is tolled during hte time that a claim is pending before the panel and for 30 days thereafter. There is no requirement for an affidavit or certificate of merit to file a complaint.
A community standard of care is utilized, and experts must be competent and have actual knowledge of the applicable standard of care in the community where the incident occurred and at the time of the incident.