Q What Is Idaho’s Joint and Several Liability Rule in Medical Malpractice Cases?
If you're the victim of medical malpractice, you may have suffered devastating injuries if your medical condition was misdiagnosed; your doctor missed the test results showing you have cancer; or another error amounting to negligence occurred. You want—and deserve—to be fully compensated for your injuries. One way to achieve this result is to bring a case against all parties who could be responsible for compensating you. But how much does each party pay if more than one of them is found at fault?
How Idaho’s Joint and Several Liability Rule Could Affect Your Settlement
Joint and several liability laws protect victims of medical malpractice by ensuring they'll be compensated for their losses if one of the liable parties has insufficient funds or insurance to pay what is owed. "Severally" means "each by itself" so, in general, these laws require each liable party to pay the full amount owed.
However, Idaho follows a modified rule. Here’s how it could affect your case:
- In most cases, a party would be liable for compensating you in proportion to the percentage he's found to be at fault in causing your injuries.
- Joint and several damages can be awarded if you can prove the parties were acting jointly.
- When a party was acting as an agent or servant to another party in your lawsuit, joint and several liability rules could result in them both being fully responsible for compensating you.
Like many aspects of medical malpractice cases, liability for compensating you is complicated. You need an experienced medical malpractice attorney who can prove that the negligent parties are jointly and severally liable for your losses so that you receive all the damages you deserve. Over the years I have been practicing, I've helped many victims of medical malpractice fight to obtain justice. If you or a loved one was injured due to medical malpractice, call me today at 888.716.8021 to schedule a free, no-obligation appointment.