Idaho Personal Injury Blog

The last four years have continued the overall willingness of the Idaho Supreme Court to reverse summary judgments in medical malpractice cases as long as the basic rules have been followed. Consistently, the Idaho Supreme Court has continued to reiterate the well-settled rules that can be relied upon to meet the foundational requirements of Idaho Code §6-1013 without undue confusion.…

From 2000 through 2010, the Idaho Supreme Court addressed the application of Idaho Code §6-1013 on no less than twelve separate occasions, with cases in all six of the general categories outlined above. Throughout this timeframe, the Court reemphasized that there is more than one manner in which an out-of-area expert can become appropriately familiar with the standard of care…

“[T]he question of how to qualify and out-of-area physician to render an opinion in a medical malpractice case ‘has plagued the bench and trial bar since the enactment of Idaho’s statutory structure…requiring proof [of] actual knowledge of the local standard of care.” Grover v. Smith, 137 Idaho 247, 249, 46 P.3d 1105, 1107 (2002), quoting Keyser v. Garner, 129 Idaho 112,…

Created: 04 January 2021 Personal injury law in 2021 will experience several important trends. One key trend is that defendants and insurance companies in personal injury cases will continue to be motivated to settle cases out of court during the current Covid pandemic situation. This is because, all else being equal, personal injury jury trials are being delayed for months…

Created: 23 December 2020 Mahoney Law, PLLC of Idaho provides product liability law firm services to those seriously injured by unreasonably dangerous and unsafe products. Our product liability attorney assists individuals and families who have suffered injury or death due to unsafe products, with either manufacturing defects or design defects. Mahoney Law’s product liability lawyer helps you investigate and determine…

Created: 18 December 2020 Many potential new clients understandably want to know how the lawyer in a personal injury case gets paid. The same thing is true on medical malpractice cases where injured patients ask about how the attorney for the patient is compensated. Whether it is a brain injury case, an automobile collision claim, or a medical malpractice lawsuit,…

Created: 20 November 2020 A head injury of any type can potentially be devastating and life altering. We understand that here at Mahoney Law of Idaho. Our brain injury lawyer will work with you to fully document and present the extent of your injury. Our concussion attorney will seek assistance from qualified and experienced experts to prove the impact of…

Created: 20 November 2020 Clients and prospective clients often ask us, “are medical malpractice cases hard to win?” “Can I win a medical malpractice case at trial?” Or, “I heard medical malpractice cases were impossible for a patient to win, is this true?” While there are many different ways to go about analyzing the answers to these questions, and no…

Created: 02 October 2020 Idaho’s statutory “cap” on non-economic damages is here: https://iic.idaho.gov/non-economic-damages-cap/ It is currently $386,622.39 and amounts to a government imposed limit, sought after by the insurance industry, on the freedom to have a jury decide the limit for injury victims here in Idaho. Absent a showing of reckless conduct, discussed below, special interest lobbies in Idaho have thus…

Created: 11 September 2020 Medical malpractice birth injury lawyer and attorney services are provided by Mahoney Law throughout Idaho. If you or a loved one has experienced problems with labor and delivery resulting in injury to the newborn baby, we may be able to help. Medical malpractice in labor and delivery takes many forms. First, there can actually be medical…