A medical malpractice lawsuit in Idaho is often complicated. You need strong medical evidence to prove your claim. And you also must comply with several laws pertaining to medical malpractice. It helps to have at least some basic facts about medical malpractice.
Medical malpractice explained
Medical malpractice occurs when a healthcare provider’s negligence causes personal injury to a patient. Healthcare providers include people such as doctors, nurses, hospital workers and others who provide medical treatment.
Who can I file a claim against?
You’ll file your medical malpractice claim against the person or medical establishment that caused your personal injury. Claims against hospitals, dentists, doctors, nurses and other medical practitioners are common.
How do I know if my medical malpractice claim is valid?
To file a malpractice claim, you need proof that your personal injury results from medical negligence. You must show that your injury or damages specifically occurred because your doctor failed to provide an adequate standard of care. You can’t file a medical malpractice claim if you had unsuccessful or unexpected medical results despite your doctor providing the best possible care.
Does signing an informed consent form prevent a medical malpractice claim?
Your medical provider must tell you about all the risks and benefits associated with your treatment. After you receive the information, you sign an informed consent form.
The medical provider must have your consent before proceeding with treatment. Signing the consent form doesn’t mean you can’t file a medical malpractice claim. You can still file the claim if you prove negligence caused your injury.
Medical malpractice in Idaho
Idaho has a statute of limitations on the amount of time you have to file a malpractice claim. Failing to file within this limit may result in the dismissal of your case. In Idaho, you must file your malpractice claim within two years of the event. However, exceptions to the rule exist depending on the specifics of your claim.