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Idaho Medical Malpractice Insurance: Statute of Limitations, Requirements, and Costs

Idaho Medical Malpractice Laws  

Every state, including Idaho, has deadlines - or statute of limitations - for filing medical malpractice lawsuits. In Idaho this statute of limitations is two years. 

“The only exceptions are for foreign objects left in the patient or the health care provider’s fraudulent concealment of the malpractice, i.e. intentionally deceiving you so you don’t discover the malpractice. In either of those events, you have one year from when you finally discover the object or the deception (or from when you should reasonably have discovered them) to sue.

If someone is under 18 years of age or is mentally disabled, the statute of limitations is “tolled”, i.e. put on pause, until the person reaches 18 or regains their mental capacities. However, regardless of the plaintiff’s age or mental state, the statute of limitations will not be paused for more than six years. The basic laws for Idaho's medical malpractice statute of limitations can be found at Idaho Code Ann. § 5-219(2).”.
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Medical Malpractice In Idaho:  Facts & StatistIcs

  • In 2016, Idaho had 5,969 licensed physicians within a population of 1,683,140
    residents, equaling 355 physicians for every 100,000 people.
  • Medical malpractice suits in 2015 were 13.6 per 100,000 residents, with a total payout of $8.5 million. This represents a 30.49% increase from 2014. In 2015, Idaho ranked 46th in medical malpractice lawsuits.
  • The three most common types of medicine practiced as of 2012 were family medicine/general practice, internal medicine, and emergency medicine.
  • According to Medscape, Idaho is the 18th best state in which to practice medicine.

    Medical malpractice lawsuits are most often filed due to: surgical errors, misdiagnosis, alleged prescription drug mistakes, failure to diagnose, failure to treat a medical condition, and an unreasonable delay in treatment for a disease or condition that has been previously diagnosed, among other reasons.

Costs, Requirements, and Limitations:

Industry Average Cost of an Idaho Medical Malpractice Insurance Policy: $9,280
Is Medical Malpractice Insurance Required in Idaho? No, but shielding assets from legal fees and potential payouts is recommended for personal and business financial protection.
Minimum Carrying Requirements: None, but as mentioned it is highly recommended.
What are the medical malpractice damage caps?Non-economic $250,000, adjusted annually for inflation. Does not apply to willful/reckless negligence or felonies.
What is the “statute of limitations” for a medical malpractice complaint? 2 years, Idaho Statutes section 5-219

 

 

Medical Malpractice Insurance in Idaho
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