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Important Time Frames for Emergency Room Medical Malpractice Claims

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Visitors to an emergency room in Idaho are typically experiencing significant medical trauma or pain, and are focused on their medical condition rather than legal rights. Unfortunately, medical malpractice can occur in an emergency room just the same as it can occur in any other hospital setting. Emergency room visitors who suffered harm as a result of their treatment should consider whether they might have a claim for medical malpractice. A successful medical malpractice claim could provide the victim with compensation for their medical expenses, pain and suffering, and other losses. Waiting too long to file a claim, however, could be fatal to a potential medical malpractice lawsuit.

How Long Do You Have to File?

How long do victims of emergency room medical malpractice in Boise have to pursue an action against their medical provider? The following is an overview:

  • Victims have two years from the date of the injury to file a petition for a pre-litigation screening panel with the Idaho Board of Medicine;
  • If a foreign object in the body causes the injury, however, the victim has two years from when the injury is objectively ascertainable; and
  • If the victim is a minor or mentally incompetent at the time of injury, he or she has two years from the date of becoming a legal adult or the date when mental competency is regained—up to a maximum of six years.

It is especially important to note that victims of emergency room medical malpractice involving state agencies may be subject to even stricter requirements. For example, these claims may also have to be filed with, inter alia, the Idaho Secretary of State’s Office within 180 days of the accrual of the statute of limitations.

If you suspect that you or a loved one has suffered an injury as a result of the negligence of your emergency room medical care provider—do not delay. Contact Morton Law Offices, Chartered for a free initial consultation at 208.344.5555 or toll free at 888.716.8021 and/or complete the online form at http://mortonlawyers.com.   We also encourage you to share this information with your family and friends on Facebook or Google Plus—it could help change a life!

Category: Medical Malpractice

Alan Morton
Advocate for Justice/Trial Lawyer

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