Doctors, nurses, and other health care professionals are not miracle workers. However, when we have a medical procedure performed on an outpatient basis or are hospitalized, we trust that our treating health care providers will perform every procedure correctly and per the standards of care in the profession. When they fail to comply with this legal duty, the resulting harm to the patient can be catastrophic. It takes one small mistake to change a patient’s life forever.
Intentional or not, when substandard care or a negligent action in a hospital results in an injury or death, Idaho law provides for the victims, or their loved ones, to be compensated. Have you or a family member been the victim of medical malpractice? Has professional misconduct or negligence by a medical professional or facility resulted in your injury? If so, you may be able to fight for the justice and compensation you deserve.
Our Boise medical malpractice lawyers are here when the unimaginable happens. Boise Personal Injury Lawyers Group has years of experience handling these complex matters and a reputation as an aggressive and dedicated law firm. When the unthinkable happens, and you get injured because of medical malpractice, you can count on us to hold the negligent medical facility or health care provider accountable and obtain the best results for your personal injury case.
We offer free case evaluations. Let us help you, call (208) 968-9060 today to learn more.
What Is Medical Malpractice?
Hospitals and health care providers are charged by Idaho and federal law to provide medical care and treatment consistent with acceptable “standards of care” in their profession – which are measured by how any reasonable practitioner would treat a patient faced with the same situation. Part of the oath that medical professionals make includes swearing to act in a manner consistent with professional standards.
Medical negligence or medical malpractice occurs when a health care facility or professional deviates from the accepted “standard of care” in the profession.
So, if a doctor, nurse, or other medical staff fails to do everything they were supposed to when treating you or overseeing your care, or if they are responsible for a reckless, negligent act, or omission, they may be liable for the damages that result from the patient’s injuries.
The Boise medical malpractice attorneys at Boise Personal Injury Lawyers Group have experience handling different types of medical malpractice cases, including those stemming from:
Mistakes in Treatment, Medication, or Diagnosis Failure
Some of the possible errors in treatment, medication, or diagnosis include:
- Giving the patient the wrong dose
- Failure to identify a drug interaction
- Giving the patient the wrong medication
- Ignoring a known allergy
- Failure to treat
- Failure to order the correct diagnostic testing
- Failure to adequately and correctly review lab results
Surgical Procedure Errors
A variety of mistakes can happen during surgery. Some examples include:
- Organ transplant errors
- Foreign objects left in the body following surgery
- Wrong-site surgery
- Administering anesthesia improperly
- Using surgical instruments that cause an infection
- Failure to provide proper post-surgical care to the patient
- Performing the wrong type of surgery on a patient
- Improper transfusions
Mothers and babies can suffer birth injuries, such as:
- Excessively prolonged labor
- Failure to administer anesthesia correctly during Caesarian or vaginal birth
- Excessive vaginal bleeding
- Nerve injury and other injuries to the baby during the birth process
- Placenta previa or abruption
- Cerebral Palsy
- Prematurity caused by medical errors
- Surgical error during a Caesarian procedure
Health negligence can take several forms, such as:
- Mistaken patient identities
- Inadequate skills
- Negligent patient care and supervision
How Do You Know You Have a Medical Malpractice Claim?
Just because medical treatment was unsuccessful does not mean it qualifies as medical malpractice or negligence. While malpractice does include mistakes and errors made by a medical professional or hospital, the injured patient must show a direct relationship between the actions or omission of the defendant and their injuries.
It would be extremely difficult for a novice to prove that a provider failed to comply with the appropriate level of care in a similar situation. It is also tough to establish a direct relationship between the doctor’s recklessness and injuries to the victim.
Medical malpractice claims are some of the most complex personal injury cases and require the assistance of medical experts and experienced Boise medical negligence attorneys to help you prove your claim and fight for the compensation you deserve.
To determine if you have a case of medical malpractice and go against large medical corporations and their insurance companies, your attorney will gather evidence to prove the 4 criteria of the legal definition of medical negligence/malpractice, which include:
Duty of Care
Prove that a doctor-patient relationship existed. All medical professionals have a duty to provide their patients with the appropriate level of care as established and accepted by the medical community.
Breach of Duty of Care
Prove that the care provided by the defendant failed to meet the standards that the medical community considers as “appropriate” or “acceptable standard of care.”
Prove that the failure of the health care provider or facility to provide the “acceptable standard of care” owed to you caused you harm.
Prove that the negligent act or omission of the hospital or medical profession directly caused the injuries and losses you experienced after the procedure or that you continue to experience.
Who Can Be Held Liable in a Medical Malpractice Case?
While physicians and nurses may come immediately to mind when you think of medical negligence, several parties may be liable for such claims. In Idaho, you may have a legitimate medical malpractice lawsuit against anyone who is negligent and contributed to your injury, including:
- Emergency room medical staff
- Pharmaceutical Companies
- Other Healthcare Professionals
The individuals and entities mentioned above are by no means the only potentially liable parties in a medical malpractice case. In some cases, multiple parties may be accountable – for example, an anesthesiologist, and surgeon, whose collective carelessness caused your injury, as well as the hospital allowed them to continue working under unsafe circumstances.
A highly skilled and experienced Boise medical malpractice lawyer can assess the specifics of your case and uncover all potentially liable parties. At Boise Personal Injury Lawyers Group, we work with medical experts to review your case and use our knowledge to prepare your case meticulously. When we move forward with your case, you can rest assured we do so with full confidence that we’ve identified all liable parties. That way, we can seek maximum compensation from anyone responsible for your injuries and losses.
What Damages Can I Get From an Idaho Medical Malpractice Claim?
Idaho state law provides three types of damages for patients and families who successfully win their medical negligence cases. These are:
These are straightforward and refer to compensation for actual financial losses such as:
- Medical expenses (current and anticipated medical expenses)
- Lost wages
- Loss of future earning capacity
- Rehabilitation bills
- Out-of-pocket expenses such as transport expense, home health care, and medical devices related to the treatment of the injury caused by medical negligence
These assess the harm or injury itself and have no specific dollar figure. The jury will determine the amount of non-economic damages based on how well you and your lawyer make a case for how the medical negligence has affected your life in a non-financial way. They include:
- Physical pain and suffering
- Psychological harm or emotional anguish
- Loss of enjoyment of life
- Loss of consortium
A medical negligence victim may also be eligible for punitive damages if they can prove that the defendant acted in a malicious or especially reckless manner that demonstrated little to no regard for their safety and medical outcome.
What Is Idaho’s Statute of Limitations for Medical Malpractice Claims?
Each state, including Idaho, establishes its statutes of limitations or time limits for injured victims to file a medical malpractice claim or other personal injury lawsuits. The general guideline in Boise, Idaho, as outlined by Idaho Statutes Section 5-219 is that medical malpractice victims have two years from the date of the injury to file their lawsuit against a medical facility or provider.
Considering the strict time limits of filing a medical negligence claim in Idaho, it’s important to take action quickly to preserve your rights.
How Can a Boise Lawyer Help With Your Medical Malpractice Claim?
Injuries resulting from a medical error can be severe enough to leave you with permanent disfigurement, a traumatic brain injury, paralysis, and a host of other serious medical complications that dramatically impact your life.
When you’re left to deal with the devastating consequences of medical malpractice, our lawyers can help. Hiring our lawyer will give you time to focus on getting better and put you in a position to obtain the compensation you deserve.
At Boise Personal Injury Lawyers Group, our legal team guides you through:
- Determining Liable parties
- Settlement Negotiation
- Representation in Court
How Much Will It Cost to Hire a Boise Medical Malpractice Lawyer?
We won’t want your financial position to prevent you from getting the quality representation you deserve to fight for justice and compensation. That’s why Boise Personal Injury Lawyers Group handles medical malpractice cases on a contingency basis – and we’re incredibly proud of that.
There are no fees unless we win your case. There’s also no risk in asking for our help, so contact us to schedule your free case review today.
Contact a Boise Medical Malpractice Lawyer Today for a Free Consultation
It can be sad and nerve-racking to realize that the highly trained health care professions and hospitals you trusted made a mistake that hurt you and permanently affected your life. If you or a loved one is struggling with medical complications or other injuries that could have been prevented with appropriate care, talk to our team at Boise Personal Injury Lawyers Group.
Our Boise medical malpractice attorneys are more than just good negotiators and trial attorneys. It takes heart, knowledge, experience, and a commitment to fight for justice – and we have plenty of these. We invite you to contact our law firm for sound legal advice and to get your questions answered. For a free consultation with one of our experienced Boise medical malpractice lawyers, call (208) 968-9060.