Idaho Nursing Home Laws

Idaho Nursing Home Injury Law | Pintas & Mullins

Nursing Home Negligence or Abuse

Statute of Limitations Idaho Code §5-219(4) (1994)

  • Two years.

Medical Malpractice

Statute of Limitations Idaho Code §5-219(4) (1994)

  • Two years from when the injury was discovered, or reasonably should have been discovered.
  • If foreign object is found, case must be filed within two years of complaint of act, or one year after date of accrual, whichever is later.
  • If claimant is insane or a minor, disability tolls running of limitations period but no later than six years. Idaho Code § 5-230

Wrongful Death

Statute of Limitations Idaho Code §5-219(4) (1994)

  • Two years from date of death.

Damages Caps

  • Non-economic damages cap of $250,000, which can rise or fall based on wage levels. Idaho Code § 6-1603 (2003)
  • This cap does not apply if the claim is based on reckless or willful conduct, or conduct that constitutes a felony.
  • A separate cap is potentially available to each plaintiff in a wrongful death case. Aguilar v. Coonrod, 151 Idaho 642, 650, 262, P.3d 671, 679 (2011).
  • Punitive damages cap of $250,000 or three times compensatory damages. Idaho Code § 6-1604 (1990)

The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.

The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.