Standard of proof in medical malpractice in Idaho


When you or a loved one goes in for any medical procedure, you put your life into the hands of doctors and their medical teams.  Unfortunately, sometimes, medical procedures go wrong.  In many instances, the wrong turn that was taken during the procedure was not due to mistake, but instead inevitable and despite the medical teams best efforts.  However, in some cases, doctors or other members of the medical staff made mistakes.  When medical mistakes are made, there is a possibility that mistake will rise to the level of medical malpractice Idaho.  At that venture, many people consider putting their future fate in the hands of lawyers.

 

Medical malpractice is a complicated field of law because we cannot expect doctors to fix all of our maladies without fail; as previously noted, things happen during medical procedures that may leave a patient with the same ailment, or even worse off, at no fault of the doctor.  What can, and must, be expected is that doctors perform at a competent level of proficiency and professionalism.  But, without being in the medical field, how exactly does one know if a doctor performed to that level?  The law provides a standard, but even that standard does not precisely spell it out.

 

Chapter 10 of Title 6 of the Idaho Statutes states that a plaintiff must affirmatively prove by direct expert testimony and a preponderance of the evidence that the health care provider that he or she is suing “negligently failed to meet the applicable standard of health care practice of the community in which such care allegedly was or should have been provided, as such standard existed at the time and place of the alleged negligence” in comparison to similarly trained, educated and experience providers in the area and in the specialty, if any. Such resources as this – https://www.hg.org/medical-malpractice.html

 

What makes this complicated is that what may be medical malpractice for one doctor or one patient, may not be for another doctor or another patient.  Most medical malpractice claims fall under a theory of negligence, meaning the doctor owed a duty to the patient; there was an applicable standard of care that the doctor deviated from, which breached the duty owed to the patient; the patient was injured; and there was a causal connection between the deviation and the injury.

 

To succeed in a medical malpractice case is difficult, which is why you need a top Idaho medical malpractice attorney to handle your case.