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★ Idaho · medical negligence

Medical negligence settlements
in Idaho.

By Reviewed by Abd Shanti, Founder9 min read

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 claimantThe 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 deadlineTwo 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
★ ID · reported medical negligence outcomes

What Idaho courts have awarded.

Real Idaho decisions and verdicts, each linked to the court record or official report.

  • Idaho Supreme Court · 2016
    $847,974.46 judgment affirmed

    J.H. was born five weeks early in 2008. Across five well baby exams, an asymmetrical skin fold was present, and her mother repeatedly asked about it and about unequal leg lengths. Dr. Shappard did not diagnose her hip dysplasia. The jury found him negligent and reckless, put 80 percent of fault on him and 20 percent on another doctor, and awarded $750,000 economic and $289,000 noneconomic damages.

  • Idaho Supreme Court · 2011
    Separate cap for each claimant

    Maria Aguilar saw Dr. Coonrod seven times between April 28 and June 4, 2003, reporting shortness of breath and a rapid pulse. She died on June 4 of a pulmonary embolus. The jury returned a verdict against Dr. Coonrod and his clinic. The parties agreed the cap then in force was $682,200.65, and the Supreme Court held it applied to each family member separately.

★ ID · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Idaho.

  1. 1

    Write down concerns you raise at visits; the mother’s written questions mattered in Hoffer.

  2. 2

    In a death case, each spouse, child or heir is a separate claimant under the cap.

  3. 3

    For a child injured under age 10, check the eight year window; Gomersall explains it.

★ ID · statute of limitations
2 years from date of injury

Idaho Code § 5-219

★ ID · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ ID · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in Idaho.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Idaho's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Idaho · you are hereModified comparative, 50% bar2 years from date of injury—
MontanaModified comparative, 51% bar3 years from date of injuryMT · medical negligence →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · medical negligence →
OregonModified comparative, 51% bar2 years from date of injuryOR · medical negligence →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · medical negligence →
WashingtonPure comparative negligence3 years from date of injuryWA · medical negligence →
WyomingModified comparative, 51% bar4 years from date of injuryWY · medical negligence →
KansasModified comparative, 50% bar2 years from date of injuryKS · medical negligence →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · medical negligence →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · medical negligence →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · medical negligence →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · medical negligence →
IndianaModified comparative, 51% bar2 years from date of injuryIN · medical negligence →
★ ID · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Idaho. See /methodology, /sources, and /disclaimer.