Medical Malpractice and Birth Injuries
As consumers and patients, we implicitly trust doctors and medical institutions to provide safe and quality care to us and our loved ones. Unfortunately, medical malpractice is not uncommon. Injuries incurred at birth can result in death, severe lifetime disability, as well as mental pain and anguish for baby and parents. Birth injuries that result from medical negligence can necessitate a lifetime of specialized treatment, rehabilitation, and medical care. If you or a loved one suffered a birth injury or fatality due to medical malpractice, you are entitled to justice. Rocky Mountain Personal Injury Center attorneys are experienced in the field of medical malpractice and will work tirelessly to ensure you are justly compensated for your devastating injuries.
Pre-Litigation Screening Panels
In Idaho, plaintiffs are required to prepare a pre-litigation screening panel before filing a medical malpractice complaint. A screening panel consists of licensed physicians and providers from the Idaho Board of Medicine. Idaho Code § 6-1001 (2020). The panel will examine the potential case, read witness statements, and review the medical records of the injured claimant. The panel will make a unified decision determining whether or not the claim is meritorious and should be filed against the named provider and/or hospital. The review panel may also provide estimates as to a monetary award or settlement appropriate for the severity of injury sustained, but it is only a recommendation and has no binding authority on litigation once a complaint is filed. Once the plaintiff has completed the pre-litigation screening process they can file a complaint and serve the defendant with a writ of process and a copy of the complaint. Medical malpractice cases are challenging to litigate and often require the involvement of subject-matter experts as well as depositions of material witnesses and the defendant or plaintiff themselves. These cases often are tried before a jury, meaning jury selection or voir dire also occurs. Claimants also must file a suit within two years of the sustained injury or occurrence. This means you have a limited window to retain counsel, conduct a factual inquiry and prepare a complaint after the initial incident to preserve your right to file. If you fail to do so within the statute of limitations, you are barred from recovery, even if your child is suffering from permanent disability.
Capping Economic and Non-Economic Damages
In Idaho, plaintiffs are capped at $250,000 total in non-economic damages. Idaho Code § 6-1603 (2020). Non-economic damages include items like loss of consortium (ability to relate intimately with a spouse), emotional distress and pain and suffering. There is no monetary cap on economic damages like medical bills, cost of future medical treatment, physical therapy and rehabilitation as well as lost wages, expenses and property damage, and future lost wages because of the accident and injuries sustained. For birth injuries, claimants have substantial non-economic damages because their child may be rendered with a permanent disability, robbing them from future opportunities in education, socially, romantically, or professionally. Their child may require home health assistance, durable medical equipment, alterations to the home for disability access, as well as specialized physical and emotional care. Victims suffering from permanent disabilities as a result of negligence are entitled to just compensation.
Schedule a Free Consultation
At Rocky Mountain Personal Injury Center, our lawyers are licensed in Utah, Idaho, and Wyoming. We understand the nuances of medical malpractice law and can appreciate the sensitivity and severity of birth injuries. We promise if retained, that we will ensure you receive due compensation you are entitled to as a result of the injuries you suffered at the hands of a negligent healthcare provider. You do not have to continue to suffer or worry about how you will pay for advanced medical care for your child. Contact us today for a free consultation.
