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Learn How Idaho’s Comparative Negligence Law Could Affect Your Medical Malpractice Case

medical malpracticeWhenever you pursue a legal claim, it's important understand the laws governing your case and how they could impact on your right to compensation. If you have a medical malpractice case, you might be worried about whether you have a claim if you're also partially at fault in causing your injuries, referred to in a legal defense as comparative negligence. For example, you may have failed to seek medical treatment right away when you noticed symptoms, or did not follow through on all of your doctor’s advice.

Fortunately, you may still have a claim for medical malpractice under Idaho’s comparative negligence law.

How Idaho’s Comparative Negligence Law Could Affect Your Settlement

Idaho follows the “individual rule” form of comparative negligence in medical malpractice cases. This may not preclude you from pursuing your claim, but it could reduce the amount of compensation you're entitled to.

Here’s how comparative negligence could impact your case:

  • You have a right to compensation as long as the doctor or other medical professional was more at fault in causing your injuries than you were.
  • If more than one medical professional was at fault in causing your injuries, the fault of each individual party is compared to your fault in determining whether that party has any liability to you. This means that some medical professionals could be responsible for compensating you—at least partially—and others wouldn't owe you anything.
  • If you're partially at fault, your compensation would be reduced by your percentage of fault. For example, if you were 10 percent at fault at causing your injuries and your damages are $400,000, that amount you're entitled to is $360,000 from the doctor who committed malpractice.

 

Even if your settlement amount is reduced due to comparative negligence laws, you could be entitled to a substantial sum. However, these cases are more complicated to settle. It's critical that you hire an experienced medical malpractice attorney who knows how to handle this potential problem so you obtain as much of what you're entitled to as possible. If you're worried about your fault in the matter, don't let this stop you from contacting me. Call today at 888.716.8021 to schedule a free, no-obligation case evaluation.