Health Justice Transformation - Idaho

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$250,000 cap on non-economic damages in all personal injury and wrongful death cases.

Joint Liability for Multiple Defendants

Yes. Defendants are responsible only for their proportional share of negligence except where co-defendants acted to conspire against the plaintiff.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. Collateral sources may be submitted to the judge following the verdict. Judgments may be entered only for amounts that exceed recovery from collateral sources.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes. Upon request of either party, the court must establish a schedule of payments for damages exceeding $350,000.

Limitation of Plaintiff’s Attorneys Fees

No

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Arbitration is not mandated but is permitted. Informal and nonbinding pre-trial screening panels are mandatory. Hearing panels are appointed by the Board of Medicine.

Standards for Expert Testimony/Witness

To establish medical malpractice, the plaintiff must affirmatively prove by direct expert testimony and by a preponderance of all of the competent evidence, that the defendant negligently failed to meet the applicable standard of care. The expert must possess professional knowledge and expertise coupled with actual knowledge of the applicable community standard to which his/her expert opinion testimony addresses.