When we go to a doctor, surgeon, or hospital, we expect to be taken care of. We put our trust in medical professionals, believing they’ll do their job correctly and keep us safe. But what happens when they don’t?
Not every bad outcome in a medical setting is malpractice — sometimes, things just don’t go as planned. But when a doctor, nurse, or other healthcare provider makes a serious mistake that could have been avoided, and that mistake leads to harm, you may have a medical malpractice case.
If you or a loved one has been injured due to medical negligence, you have legal options to pursue compensation. Let’s break it down.
What Counts as Medical Malpractice?
Medical malpractice happens when a healthcare provider fails to meet the standard of care — meaning they did something (or failed to do something) that another competent professional in their field wouldn’t have done.
Here are some of the most common types of medical malpractice:
1. Misdiagnosis or Delayed Diagnosis
Doctors don’t always get it right the first time, but when a misdiagnosis — or a failure to diagnose a condition in time — causes serious harm, it may be malpractice. Delayed cancer diagnoses, strokes, or infections are some of the most common examples.
2. Surgical Errors
Surgery comes with risks, but some mistakes go beyond the expected. Errors like operating on the wrong body part, leaving surgical tools inside a patient, or causing nerve damage can be grounds for a malpractice claim.
3. Medication Errors
A doctor prescribes the wrong drug. A nurse gives the wrong dose. A pharmacist mislabels a medication. Any of these mistakes can cause serious harm or even be fatal.
4. Birth Injuries
Labor and delivery are high-risk situations, but when doctors fail to monitor distress signals, use forceps incorrectly, or make other negligent decisions, babies and mothers can suffer long-term injuries.
5. Failure to Obtain Informed Consent
Before a procedure or treatment, your doctor is supposed to explain the risks, alternatives, and expected outcomes. If they don’t, and you suffer harm from a procedure you might not have agreed to had you known the risks, it could be malpractice.
Is Medical Malpractice a Personal Injury Lawsuit?
Yes, medical malpractice falls under the broader category of personal injury law. Like other personal injury cases, a medical malpractice lawsuit is based on negligence — when someone’s careless or reckless actions cause harm to another person. The key difference is that medical malpractice specifically involves healthcare providers who fail to meet the accepted standard of care.
In a typical personal injury case, like a car crash or trip and fall, the at-fault party is usually an individual, business, or property owner. In medical malpractice cases, however, the at-fault party is often a doctor, nurse, hospital, or other healthcare provider whose mistake led to serious harm.
Both types of cases seek compensation for damages, including:
- Medical bills and future treatment costs
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
Do You Have a Medical Malpractice Case?
Not every mistake means you have a case, so here’s what needs to be proven in a medical malpractice lawsuit:
1. A Doctor-Patient Relationship Existed
You must have been an actual patient of the doctor or healthcare provider you are claiming was negligent. Casual advice from a doctor at a party or a family member in the medical field doesn’t count.
2. The Provider Was Negligent
Doctors are not expected to be perfect, but they are expected to provide care that meets accepted medical standards. The key question is: Would another competent doctor, under the same circumstances, have made the same decision? If the answer is no, you may have a case.
3. That Negligence Directly Caused Harm
A medical mistake isn’t enough on its own — you must prove that the provider’s negligence directly caused your injury or worsened your condition. If you were already sick and would have had the same outcome regardless of the doctor’s actions, it may not qualify as malpractice.
4. You Suffered Measurable Damages
For a case to hold up in court, there must be damages (physical, financial, or emotional). Examples include:
- Additional medical expenses (surgeries, treatments, rehabilitation, prescriptions)
- Lost wages due to time off work or inability to return to work
- Pain and suffering from prolonged illness or permanent injury
- Emotional distress, anxiety, or trauma caused by the medical mistake
If you suspect medical malpractice but aren’t sure if your situation qualifies, consulting a medical malpractice lawyer is the best way to find out.
Idaho’s Medical Malpractice Laws: What You Need to Know
Medical malpractice cases have strict rules, and Idaho has a few key laws that impact your ability to file a claim.
Statute of Limitations: How Long Do You Have to File?
In Idaho, you must file a medical malpractice lawsuit within two years of the date the injury occurred or was discovered. If you wait too long, you lose your right to take legal action — even if the case is valid.
There are a few exceptions:
- If the victim is a minor (under 18), the statute of limitations may be extended.
- If the malpractice was concealed (for example, a doctor covered up a surgical mistake), the time limit may start when the mistake is discovered.
Damage Caps: How Much Can You Recover?
Idaho places a cap on non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). This cap changes yearly to adjust for inflation. However, there is no cap on economic damages like medical bills, lost wages, or future care costs.
Expert Testimony: How to Prove Medical Malpractice
Idaho law requires that a medical expert confirm that malpractice occurred. This means another doctor — typically in the same specialty — must review the case and testify that the provider in question failed to meet the standard of care. Without expert testimony, a case will likely be dismissed.
What to Do If You Suspect Medical Malpractice
If you think you or a loved one has been harmed by medical negligence, taking the right steps early on can make a huge difference in your case. Here’s what you should do:
1. Get a Second Opinion
If you suspect something went wrong with your medical treatment, see another doctor as soon as possible. They can assess your condition, provide additional treatment if needed, and help confirm whether malpractice may have occurred.
2. Request Your Medical Records
Medical records provide critical evidence in a malpractice case. These records will show:
- What treatment you received
- Any test results or imaging
- Notes from your doctor’s decision-making process
By law, you have the right to obtain your medical records. Hospitals and providers must provide copies upon request.
3. Document Everything
Write down as many details as you can, including:
- Symptoms you experienced
- Conversations with your doctor
- Medications prescribed
- Any additional treatments required due to the mistake
The more information you have, the stronger your case.
4. Speak to a Medical Malpractice Lawyer
Medical malpractice cases are complicated — hospitals and doctors often have powerful insurance companies and legal teams on their side. Having an experienced personal injury lawyer by your side levels the playing field and ensures you get the compensation you deserve.
Why Choose Schmitz Law for Your Medical Malpractice Case?
Facing a medical malpractice case can be intimidating, but you have support on your side. As an experienced medical malpractice lawyer in Idaho, I take on big insurance companies and hospitals to secure the compensation you deserve.
Here’s what makes Schmitz Law different:
- Personalized attention. You’re not just another case number here. Unlike big firms, you would work directly one-on-one with me, not get passed off to a paralegal or assistant.
- No settling for less. Some firms rush to close cases to move on to the next one, but I fight for the best outcome every time.
- No upfront costs. You don’t pay unless we win. That way, you can focus on your recovery, not legal fees.
If you suspect medical malpractice, let’s see how I can help. Reach out today for a free consultation.
