Idaho medical care law covers an extensive spectrum from HIPPA through medical negligence claims. The medical occupation is one of the most highly regulated professions. Privacy issues, emergency care, security issues, insurance concerns, Medicare and Medicaid regulations, anti-trust, and other issues make the practice of providing health care difficult and paper intensive. The Idaho attorneys at Thomsen Holman Wheiler PLLC are familiar with Health Care Law in Idaho Falls and with many of the problems that face health care providers. For those who have questions or concerns regarding health care law, please call us at (208) 522-1230.
The first section highlights the pre-litigation screening process in Idaho and the issues that may be experienced during or as a result of that process. The second section will be reviewed later.
Section 1: The Pre-Litigation Screening Process
In 1976, Idaho adopted the Medical Malpractice Act and demanded that certain things take place before lawsuits could be pursued against physicians, surgeons, or licensed acute care general hospitals operating in Idaho. Idaho Code: 6-101-6-1013 sets forth the specifications for medical malpractice claims.
The first thing that the Medical Malpractice Act established was a technique of conducting a hearing on all alleged claims of malpractice against physicians, surgeons, and hospitals. A hearing panel follows a process for pre-suit consideration of claims for damages arising out of the failure to provide proper hospital or medical care. Compliance with the Medical Malpractice Act is obligatory. However, the results of the pre-litigation panel are informal and non-binding.
The hearing panel includes a physician licensed to practice medicine in the state of Idaho. Usually this physician has special knowledge of the field which is at concern in the pending claim. If a hospital is involved, a hospital administrator is another member of the panel. There's always a panel member who is a lay person from the community and a panel member who is an attorney licensed to practice law in the state of Idaho. The attorney is the panel chairman.
There isn't any record kept of the hearing or any documents or records filed with the panel. Evidence, documents, and exhibits that are utilized in the proceeding are either returned to the parties after the proceeding or destroyed. By statute, the hearing panel does have authority, at the appropriate interval, to issue subpoenas and to administer oaths and tender witness fees and mileage.
The panel hears data that comes from the lawyers, in summary form or from witnesses. The rules of evidence do not apply. At the end of the proceedings, the panel details a report. The reports show whether the matter appears to be frivolous, meritorious or any other particular description. The panel, if unanimous, can offer a non-binding opinion as to an amount of money in damages that it thinks should be fairly offered or accepted in settlement.
The actual pre-litigation process necessitates the claimant to serve on the accused healthcare provider a true copy of the claim, which should be in writing and which sets forth in general terms when, where, and under what circumstances the healthcare under consideration was in improperly provided. The claimant offers the State Board of Medicine with the original complaint along with the names and addresses of the healthcare practitioners who are the subject of the complaint.
Preparation is the definite key to pre-litigation screening success for either claimants or defendants.
