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Do I need to file a petition for a prelitigation screening panel with the Idaho Board of Medicine if my claim for malpractice involves a mistake concerning my medication?


In Idaho, the answer depends largely upon whether the mistake or error involving the prescription of medication is predicated upon the negligence of a physician and/or hospital versus a claim against a pharmacist or pharmacy or both.

Idaho requires that any and all claims against a physician or hospital for medical malpractice be preceded by the filing of a petition for a prelitigation screening panel with the Idaho Board of Medicine before a lawsuit may be filed against a physician or hospital. Failure to file the petition with the Idaho Board of Medicine prior to filing suit would likely result in the Court entering either a dismissal or summary judgment against the plaintiff. In cases involving a claim for pharmacy malpractice alone, a petition for a prelitigation screening panel would not be necessary if the pharmacy was independent of an error or mistake by a physician or hospital.

How do you know if the negligence in question does not involve the physician?  One strategy that the patient's attorney may employ is to contact the physician in question to see if an informal meeting with the physician and the physician’s attorney could be accomplished to obtain a recorded statement from the physician.  Once the patient’s attorney is satisfied that the negligence involves the mistake or error of the pharmacy or pharmacist alone independent of the physician or hospital, the claim can proceed against the pharmacist and/or pharmacy without the filing of a petition for a prelitigation screening panel against the doctor or hospital. If the physician refuses to cooperate, the petition for a prelitigation screening panel against the physician or hospital should be filed in order to obtain discovery as to whether the physician or hospital were negligent or comparatively negligent with regard to the mistake in providing the patient with the wrong medication, wrong dosage or failure to provide the patient with proper warnings or information concerning the proper use of the medication including any issues regarding drug interdiction if applicable.

If you or a loved one has been the victim of either pharmacy or medical negligence, you should contact an experienced personal injury and malpractice trial attorney for a free initial consultation. Boise Personal Injury and Pharmacy/Medical Malpractice Trial Attorney Alan Morton has over 31 years of experience in assisting plaintiffs seek compensation for injuries and damages arising from negligence. You can reach Mr. Morton to schedule an initial free consultation by calling 208.344.5555 or toll free at 888.716.8021 or by completing an online contact form. Mr. Morton would be happy to meet with you in a confidential setting at his office or your home, workplace, hospital or any other convenient location to discuss the facts of the case with you and to provide you with information regarding your legal rights and remedies.


Alan Morton
Advocate for Justice/Trial Lawyer