Idaho law

Medical Malpractice Laws in Idaho.

Idaho medical malpractice claims are subject to the same 2-year statute of limitations as general personal injury. The state caps noneconomic damages (adjusted annually, currently approximately $490,512). Idaho requires mandatory prelitigation screening by a hearing panel before a lawsuit can be filed. The plaintiff must prove the defendant failed to meet the community standard of care through direct expert testimony.

Last verified: 2026-02-25

State law

Statute of Limitations

2 yearsIdaho Code § 5-219(4)

Medical malpractice claims must generally be filed within 2 years of the date of the negligent act or omission.

Exceptions

Foreign Objects — 1 year from discovery or 2 years from the act, whichever is laterIdaho Code § 5-219(4)

When a foreign object was inadvertently left in the body, the limitation period runs from the date the patient discovered or should have discovered the object, but not more than 2 years from the act.

Minors — Tolled until age 18, then standard period (up to 6 years total)Idaho Code § 5-230

The statute of limitations is tolled for minors. The tolling period cannot extend the deadline by more than 6 years beyond the date of the act.

State law

Fault & Liability Rules

Modified Comparative Fault (50% Bar)Idaho Code § 6-801

The same comparative fault rules apply as in general personal injury. If the patient is 50% or more at fault (rare in medical malpractice), they recover nothing.

State law

Damage Caps

Noneconomic Damages: Approximately $490,512 (adjusted annually on July 1)Idaho Code § 6-1603

Noneconomic damages are capped at a base of $250,000, adjusted annually. The cap does not apply to willful or reckless conduct or acts constituting a felony. Economic damages (medical bills, lost wages) are not capped.

State law

Filing Requirements

Prelitigation Screening PanelIdaho Code § 6-1001

Before filing a medical malpractice lawsuit against an Idaho-licensed physician or acute care hospital, the claim must first be submitted to a hearing panel organized by the Idaho Board of Medicine. The process is informal and nonbinding but is a mandatory prerequisite to litigation.

Community Standard of Care (Expert Testimony)Idaho Code § 6-1012

The plaintiff must prove by direct expert testimony that the defendant failed to meet the applicable standard of health care practice of the community in which the care was provided.

State law

Key Idaho Statutes

Community Standard of Health CareIdaho Code § 6-1012

Idaho applies a "community standard" rather than a national standard. The plaintiff must show the defendant failed to meet the standard of care as practiced in the same community or a similar community.

Informed ConsentIdaho Code § 39-4506

Patients have the right to informed consent before treatment. Healthcare providers must disclose the nature of the proposed treatment, risks, alternatives, and probable outcomes.

State law

Official Sources

Idaho State Legislature — Medical Malpractice (Title 6, Ch. 10)Idaho Board of Medicine — Prelitigation

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Idaho.

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Medical Malpractice Laws in Idaho.

Statute of Limitations

Fault & Liability Rules

Damage Caps

Filing Requirements

Key Idaho Statutes

Official Sources

Not Legal Advice

Browse attorneys for this issue in Idaho.

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