Idaho Medical Malpractice Questions & Answers

Q: What kinds of damages (money awards) are available to the plainitff in a medical malpractice lawsuit?

1 Answer | Asked in Medical Malpractice for Idaho on
Answered on Dec 10, 2018
J. Grady Hepworth's answer
As a general matter, Plaintiffs in a medical malpractice can recover damages for past medical expenses, future medical expenses, lost income (if applicable) and general damages for pain and suffering.

Q: Do pharmaceutical errors fall under medical malpractice law?

1 Answer | Asked in Medical Malpractice for Idaho on
Answered on Oct 8, 2018
J. Grady Hepworth's answer
In Idaho there are very specific statutes related to "Medical Malpractice" that only apply to "physicians" "surgeons" and "licensed acute care general hospitals" as those terms are defined under Idaho law. Typically, most pharmaceutical errors fall are treated as "product liability" cases. However, if you are asking for the purposes of finding an attorney to help you with a case, many lawyers who accept "medical malpractice" cases are also willing to pursue pharmaceutical negligence cases....

Q: Here is a real case. . A surgeon promised a patient that she had a “0% chance of death” prior to surgery in relation

1 Answer | Asked in Medical Malpractice and Wrongful Death for Idaho on
Answered on Mar 5, 2018
Peter N. Munsing's answer
The case should be reviewed by a member of the Idaho Assn for Justice who handles medical cases--they give free consults.

Q: I tried to get my child inpatient mental health help. She doesn't think it's helping, wants to come home. I was told she

1 Answer | Asked in Health Care Law and Medical Malpractice for Idaho on
Answered on Jan 12, 2018
J. Charles Hepworth's answer
These situations are incredibly difficult. Although it is marked as a medical malpractice question it really is not that. I am sorry I cannot give you a legal evaluation of your question

Q: Is it illegal for a dr to use a non fda approved breast implant?

1 Answer | Asked in Medical Malpractice for Idaho on
Answered on Sep 28, 2016
Peter N. Munsing's answer
Be glad you have an attorney. These cases aren't easy to bring and are expensive. A lot depends on what medical proof there is that any of this did you actual, provable harm. You don't get money just because an item was not as should be --though in this case,because it went inside your body I think you should especially on a theory of "battery--" that you gave the doctor permission to cut you under the assumption they were giving you a FDA compliant product and this wasn't.

I would sit...

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