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Idaho Medical Malpractice Questions & Answers

1 Answer | Asked in Medical Malpractice for Idaho on

Q: Purchased a teething drops, Camilia by Boiron, and it came with eyes drop in the package. Can anything be done about it?

We purchased a teething medicine called Camilia manufactured by Boiron. When we were about to put the drops in the baby mouth he pushed it away, and we noticed it was an eyes drop put inside the teething drop called Optique1 made by the same company. Luckily my wife noticed it before the child... Read more »

Tim Akpinar answered on Jul 13, 2019

Based on what you describe, it does not seem that there were damages. That's very fortunate and I'm glad your baby was unharmed. You could bring the matter to the attention of the manufacturer because it could be indicative of a possible quality assurance issue in their production process. This is... Read more »

1 Answer | Asked in Medical Malpractice for Idaho on

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

J. Grady Hepworth answered on Dec 10, 2018

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.

1 Answer | Asked in Medical Malpractice for Idaho on

Q: Do pharmaceutical errors fall under medical malpractice law?

J. Grady Hepworth answered on Oct 8, 2018

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,... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Idaho on

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

to the exact procedure he was going to perform, not the general inherent risk of death with all surgery, and the patient died. Then right after the surgery, while the patient was still bleeding to death in the operating room the surgeon admitted to the family that he “never should have done the... Read more »

Peter N. Munsing answered on Mar 5, 2018

The case should be reviewed by a member of the Idaho Assn for Justice who handles medical cases--they give free consults.

1 Answer | Asked in Health Care Law and Medical Malpractice for Idaho on

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

will be probably be put on a hold if we try to take her home now. And that could last for days until the courts work it out. I want my child and think it is illegal for them to hold her against my consent. We live in Idaho. If we agree to a safety plan is it illegal for the facility to hold her... Read more »

J. Charles Hepworth answered on Jan 12, 2018

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

1 Answer | Asked in Medical Malpractice for Idaho on

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

My implants were removed and they were found to be implants that were made in china and were not fda approved in the United States. I have filed suit but this seems to be stagnant. I am concerned about my health along with future surgeries that I must have for reconstruction. The dr. also used... Read more »

Peter N. Munsing answered on Sep 28, 2016

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... Read more »

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