Nampa medical malpractice Attorney

medical malpractice in idaho

An article titled “The True Cost of Healthcare,” concluded there has been a drop in the total number of paid medical malpractice claims against health care professionals since 2001—in 2001 there were 16,000 paid medical malpractice claims in the U.S., but by 2016, that number had dropped to below 8,500 medical malpractice claims. While the number of claims dropped by almost 50 percent, the amount paid on these claims dropped by only 23 percent, which suggests medical malpractice claims are paying out more in settlements. According to the Medscape 2017 Malpractice Report, medical specialists were more likely than primary care physicians to be named in a malpractice lawsuit, with surgeons and OB/Gynecologists taking the lead in the number of malpractice lawsuits.


Among those sued for medical malpractice, nearly six in ten were surprised by the lawsuit. The top reason for a medical malpractice lawsuit is failure to diagnose or a delayed diagnosis, which the second most common reason for a medical malpractice lawsuit is complications from treatment or surgery. The third most common reason for a medical malpractice lawsuit is a poor outcome or disease progression. About 89 percent of physicians named in a malpractice lawsuit felt—predictably—that the suit was unwarranted. About one-fifth of the medical malpractice lawsuits were resolved in less than a year, while more than a third took about two years to resolve. The vast majority of medical malpractice lawsuits settle prior to trial—between 80-92 percent.

What Must Be Shown in a Medical Malpractice Case

There are three basic elements when bringing a medical malpractice claim. These elements include:

  1. A doctor-patient relationship existed at the time of the medical error;
  2. The error on the part of the doctor rose to the level of negligence (i.e., a competent physician under the same circumstances would not have committed the negligent act), and
  3. You suffered specific harm due to the negligence of the physician.

Usually when a doctor examines you or provides any type of treatment, a doctor-patient relationship is established, with no written contract necessary, and no payment or promise of payment necessary. Physicians must provide reasonably competent care when they act in their capacity as doctors, which includes recognizing and diagnosing potential health issues.

Failure to Diagnose and Misdiagnosis in Nampa, Idaho

Failure to diagnose a medical condition and misdiagnoses of medical conditions are the primary reason for medical malpractice claims. A physician could fail to order a test which could definitely allow him or her to diagnose a medical issue, could delay a diagnosis by failing to recognize the urgency or could misdiagnose the medical issue, any of which could cause a significant delay in proper treatment. The failure to diagnose or misdiagnosis could result in significant harm to the patient. As an example, a patient sees a physician for chronic, severe headaches.

Rather than running tests or asking further questions, the physician diagnoses the patient with migraines and prescribes a migraine medication. In reality, the patient has a brain tumor, which the doctor does not properly diagnose for another eight months, by which time the tumor has grown too large to remove. The patient could sue for medical malpractice under the theory that had the doctor found the tumor when the patient first complained of headaches, the tumor could have potentially been removed, and the life of the patient saved. This example shows both a failure to diagnose the actual problem (a brain tumor) as well as a misdiagnosis of migraines. Any time a doctor fails to diagnose a serious medical condition—like cancer, heart disease or a stroke—the results can be devastating.

Hospital Negligence In Nampa

Hospital negligence is another form of medical malpractice. Hospital negligence can include any of the following:

  • Failure to speak to a physician on the part of a nurse or other medical professional when the patient’s condition worsens;
  • Failure to properly monitor recovery following a surgical procedure;
  • Prescription errors—either wrong medication or wrong dosage;
  • Failure to accurately track medical treatments;
  • Failure to perform proper tests;
  • Surgery on the wrong body part;
  • Anesthesia mistakes;
  • Failure to properly regulate oxygen for a patient on a respirator;
  • Poor or inadequate training of a hospital staff member;
  • Errors during labor and delivery;
  • Foreign objects left in the body following a surgical procedure;
  • Perforated organs during a surgical procedure;
  • Cosmetic surgical procedures which result in disfigurement, or
  • Infection in a hospital due to poor hygiene.

Getting Help Following Medical Malpractice

If you are the victim of medical malpractice in Nampa, Idaho, you may be feeling very alone, and unsure of where to turn. An experienced Nampa medical malpractice attorney can answer your questions regarding the harm or injury you have experienced, and help you determine whether a medical malpractice lawsuit is viable.

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