Challenges surround us throughout life. Unfortunately, those challenges are sometimes exacerbated by the very professionals we trust to make us feel better. Whether you or a family member are affected by professional negligence, Nalder & Blake Law Office is here to help you navigate your way through the process.
As you begin this journey, here is some information that will be helpful. Read through these before pressing forward with litigation against a medical professional.
Malpractice Time Limits
There are three key time limits in Idaho that a patient needs to be aware of when bringing a medical malpractice lawsuit. First, if the hospital is a governmental entity, such as a county hospital, there is a 180 day notice of tort claim deadline. Second, before a lawsuit is filed, you have to file for a review with the Idaho State Board of Medicine’s Pre-Litigation Screening Panel. Third, you generally only have two years from the date of the alleged negligence within which to actually file a lawsuit. Do not delay, as these deadlines are all critical.
Malpractice Case Evaluation
Your prospective lawyer will want to review all of the details of the case. He or she will first need to look at all of the relevant medical records. The lawyer will need to see whether the records document anything that may have been done incorrectly. Your malpractice lawyer will next want to have an expert in the particular medical field review the records to see if a case can be proven. Finally, the lawyer will want to evaluate the injuries the alleged negligence caused to get an idea of the possible areas of damages.
Malpractice Case Process
If your professional malpractice lawyer accepts your case, he or she will file the proper paperwork with the Idaho State Board of Medicine. Then, after an advisory decision is issued, the lawyer must wait 30 days — after-which, a lawsuit can be filed. Once a lawsuit is filed, each side will send the other written information requests, called discovery requests. Your lawyer will depose the opposing witnesses and you will be deposed by the defendant’s lawyers as well. Usually between a year to year-and-a-half down the road, the case will be set for trial. As discovery proceeds, the other side may want to settle — if not, the case proceeds to trial. Experts will be called on the standard of care, injuries, and damages. A verdict will be reached, which can then be appealed. Keep in mind that this is a long process and requires patience.
The Idaho professional malpractice lawyers at Nalder Law are here to help you navigate the tedious and difficult legal process. Call us today for a consultation regarding your particular situation.