Best Professional Malpractice Lawyers in Idaho

About Professional Malpractice Law in Idaho, United States

Professional malpractice occurs when a licensed professional, such as a doctor, lawyer, accountant, or engineer, fails to perform their duties to the accepted standards of their profession, resulting in harm or losses to a client or patient. In Idaho, these cases are considered a type of negligence and can involve various fields, most commonly healthcare and law. Victims of professional malpractice can pursue compensation for damages by filing a civil lawsuit under Idaho's laws governing professional liability.

Why You May Need a Lawyer

Professional malpractice cases can be complex, both factually and legally. Some situations where you might need legal help include:

• Experiencing significant financial loss due to poor legal, accounting, or engineering advice
• Being harmed by a healthcare provider's negligent mistake or inadequate care
• Facing issues where a professional failed to adhere to commonly accepted practices
• Dealing with the consequences of missed deadlines, breaches of duty, or conflicts of interest by professionals
• Having your case dismissed or penalized due to an attorney's error

Local Laws Overview

Idaho addresses professional malpractice through several statutes and legal principles. Key aspects include:

• Statute of Limitations - Most professional malpractice cases, including medical malpractice, must be filed within two years from the date the harm was discovered or reasonably should have been discovered.
• Expert Testimony Requirement - Idaho law often requires that an expert in the same field provide testimony to establish the standard of care and how it was breached.
• Damage Caps - In certain cases, such as medical malpractice, Idaho limits the amount of non-economic damages (for pain and suffering) a plaintiff can recover.
• Prelitigation Screening - Medical malpractice claims require a prelitigation review by a panel before a lawsuit can proceed, ensuring the claim has merit.
• Comparative Negligence - If the injured party is found partially at fault, Idaho's comparative negligence rule may reduce the recoverable damages.

Frequently Asked Questions

What is professional malpractice?

Professional malpractice is negligence or wrongful conduct by a licensed professional that causes harm or financial loss to a client or patient. It can occur in fields such as medicine, law, engineering, or accounting.

What are the steps to file a medical malpractice claim in Idaho?

First, you must request a prelitigation screening with the Idaho Board of Medicine. If the panel finds the claim has merit, you can then file a lawsuit within the two-year statute of limitations.

How do I prove professional malpractice occurred?

You must show there was a duty of care, a breach of that duty, an injury or loss, and a direct link between the breach and the harm suffered. Expert testimony is typically required to prove a breach of professional standards.

Are there damage caps in Idaho professional malpractice cases?

Yes, Idaho caps non-economic damages in medical malpractice suits. The cap is set and adjusted annually for inflation. Limits can also apply in other professional fields depending on the case.

Can I still receive compensation if I was partially at fault?

Idaho follows a modified comparative negligence rule. You can recover damages if you are less than 50 percent at fault, but your compensation will be reduced by your percentage of fault.

How long do I have to file a professional malpractice lawsuit in Idaho?

Typically, you have two years from the date the injury or loss was discovered or should have been discovered, but do not delay as special rules may apply in some professions.

Do I need an expert witness for a malpractice case?

Yes, expert witness testimony is almost always necessary to demonstrate the standard of care and how it was violated. Idaho courts expect testimony from someone qualified in the same profession.

What compensation can I seek in a malpractice lawsuit?

You may seek compensation for medical costs, lost wages, out-of-pocket expenses, non-economic damages like pain and suffering, and, in some cases, punitive damages.

Is there a prelitigation requirement for lawsuits in fields besides medicine?

The prelitigation screening panel is specific to medical malpractice cases. Other professions do not have this requirement, but you must still follow all legal procedures for civil actions.

Can I sue a professional who works for the government?

You may be able to, but special rules and limitations apply to claims against government employees and entities, including shorter timelines and potential immunities.

Additional Resources

Seeking assistance or learning more about professional malpractice in Idaho? Here are some helpful resources:

• Idaho State Bar - Offers information on attorney discipline and complaints, as well as lawyer referral services
• Idaho Board of Medicine - Handles complaints and prelitigation screening for medical malpractice cases
• Idaho Department of Insurance - Resource for complaints against insurance and certain financial professionals
• Idaho State Board of Accountancy - Accepts complaints related to CPAs and public accountants
• Court Assistance Offices (Idaho State Judiciary) - Provides guidance on legal forms and procedures

Next Steps

If you believe you have experienced professional malpractice, consider these steps:

• Gather all relevant records, contracts, communications, and other documentation
• Contact the appropriate licensing board to learn about the complaint process in your profession of concern
• Consult with a qualified Idaho malpractice attorney to assess your case
• Prepare for possible expert evaluations and testimony
• File your claim or suit as soon as possible to ensure you comply with all deadlines