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Morton Law Offices, Chartered

Q
Do I Need a Medical Expert in My Medical Malpractice Case?

A

Medical malpractice cases are based on negligence laws where the injured victim claims the medical professional violated the duty of care to a patient, and this carelessness resulted in the injuries.
gavel and stethoscope

Malpractice may be defined in the following ways:

  • Failure to diagnose or a misdiagnosis
  • Failure to provide treatment or inappropriately-delayed treatment
  • Mistakes in prescribed medication

 

All states have special laws governing medical malpractice cases—including Idaho. Idaho’s laws can be more complex than those in other states. It has a specific requirement that you include medical expert testimony in order to bring a medical malpractice case.

Without this expert, your case will be dismissed.

Idaho’s Medical Expert Requirement

Idaho law requires the following in a medical malpractice case:

  • Medical expert testimony is required in all medical malpractice cases.
  • The medical expert must be qualified by demonstrating his or her professional knowledge and expertise in the field.
  • The medical expert must have actual knowledge of the community standard applicable to the victim’s claim. This knowledge must be linked directly to the time frame when the victim claims the malpractice occurred.

 

Idaho’s Supreme Court has strictly defined and enforced its requirements for medical experts. This is one of the many reasons you need an experienced medical malpractice attorney who understands all of Idaho’s laws that apply to your case.

If you or a loved one suffered injuries due to a medical professional’s malpractice, you could be entitled to compensation for your medical bills, lost wages, and emotional trauma. Call me at 888.716.8021 to schedule a free, no-obligation consultation to learn about your legal options.