Medical negligence settlements
in Idaho.
An Idaho jury found a doctor reckless for missing a baby’s hip dysplasia over five well baby visits, and the $847,974.46 judgment was affirmed. In a wrongful death case over a missed pulmonary embolism, the Supreme Court held the cap on pain and suffering applies to each family member separately.
Facts that decide a medical negligence claim in Idaho
| Cap per claimant | The noneconomic cap applies “on a per claimant basis, rather than a per claim basis,” so each family member in a death case has a separate cap.Aguilar v. Coonrod (Idaho 2011) |
|---|---|
| Children’s deadline | Two years from an objectively ascertainable injury, but for a child under 10 the tolling rules create an eight year period.Gomersall v. St. Luke’s (Idaho 2021) |
| Pain and suffering cap | $538,425.04 for noneconomic damages from 1 July 2026, adjusted each July with the state average weekly wage ($509,013.28 from July 2025).Idaho Code § 6-1603; Industrial Commission cap table |