Hearing panel for prelitigation consideration of medical malpractice claims — Procedure.
The Idaho state board of medicine, in alleged malpractice cases involving claims for damages against physicians and surgeons practicing in the state of Idaho or against licensed acute care general hospitals operating in the state of Idaho, is directed to cooperate in providing a hearing panel in the nature of a special civil grand jury and procedure for prelitigation consideration of personal injury and wrongful death claims for damages arising out of the provision of or alleged failure to provide hospital or medical care in the state of Idaho, which proceedings shall be informal and nonbinding, but nonetheless compulsory as a condition precedent to litigation. Proceedings conducted or maintained under the authority of this act shall at all times be subject to disclosure according to chapter 1, title 74, Idaho Code. Formal rules of evidence shall not apply and all such proceedings shall be expeditious and informal.
Notes of Decisions
Cited in
39
cases (
15 in the last 5 years), 1982–2025 · leading case:
Rudd v. Merritt, 66 P.3d 230 (Idaho 2003).
Rudd v. Merritt, 66 P.3d 230 (Idaho 2003).
· cites it 14× “On the same day, the Plaintiffs filed a request for a prelitigation screening panel pursuant to Idaho Code § 6-1001 . Rule 4(a)(2) of the Idaho Rules of Civil Procedure requires that the summons and complaint be served upon defendants within six months after the filing of the…”
Hirst v. St. Paul Fire & Marine Ins., 683 P.2d 440 (Idaho Ct. App. 1984).
· cites it 8× “Mark Hirst and his parents presented a claim of medical malpractice to the Idaho State Board of Medicine, pursuant to I.C. § 6-1001, as a compulsory condition precedent to litigation of the claim.”
James v. Buck, 727 P.2d 1136 (Idaho 1986).
· cites it 16× “I.C. §§ 6-1001 and -1002. The prelitigation panel is composed of an attorney, a medical professional, and a layperson.”
Moss v. Bjornson, 765 P.2d 676 (Idaho 1988).
· cites it 16× “Idaho Code § 6-1001 provides in pertinent part: The Idaho state board of medicine, in alleged malpractice cases involving claims for damages against physicians and surgeons practicing in the state of Idaho or against licensed acute care general hospitals operating in the state…”
Mitchell v. Bingham Mem'l Hosp., 942 P.2d 544 (Idaho 1997).
· cites it 4× “Finally, the Mitchells argue that they were not required to comply with the ITCA notice requirements because the medical malpractice prelitigation statutes, I.C. § 6-1001, et seq., are more specific and are therefore controlling over the more general ITCA.”
Taylor v. Chamberlain, D.O., 302 P.3d 35 (Idaho 2013).
· cites it 8× “The panel consists of a licensed physician appointed by the board of medicine, an administrator of a licensed acute care general hospital appointed by the board of medicine if there is a claim against a hospital, a licensed resident lawyer appointed by the commissioners of the…”
Sullivan v. Allstate Ins., 792 P.2d 905 (Idaho 1990).
· cites it 12× “A circumstance similar to this would be the filing of a medical malpractice case absent complying with the provisions of Chapter 10 of Title 6, Idaho Code, which requires submission to a screening panel for its review of the medical or hospital care which would be challenged in…”
Moss v. Bjornson, 765 P.2d 676 (Idaho 1988).
· cites it 16× “Idaho Code § 6-1001 provides in pertinent part: The Idaho state board of medicine, in alleged malpractice cases involving claims for damages against physicians and surgeons practicing in the state of Idaho or against licensed acute care general hospitals operating in the state…”
Elliott v. Verska, 271 P.3d 678 (Idaho 2012).
· cites it 3× “I.C. § 6-1001. The panel’s decision is merely advisory.”
Wiseman v. Rencher, 553 P.3d 948 (Idaho 2024).
· cites it 12× “” I.C. § 6-1001. The Idaho State Board of Medicine appoints a hearing panel to hear complaints made by or on behalf of a patient who is an alleged victim of negligence.”
Jones v. Healthsouth Treasure Valley Hosp., 206 P.3d 473 (Idaho 2009).
· cites it 2× “§ 6-1012 mentions vicarious liability, the legislature did not contemplate that a hospital could be held vicariously liable for negligence committed by those not under the hospital’s control.”
Conway v. Sonntag, 106 P.3d 470 (Idaho 2005).
· cites it 2× “On November 8, 2001, the Conways requested a prelitigation screening panel pursuant to Idaho Code § 6-1001 . The panel issued its decision on March 20, 2002, and on the same day the Conways filed their complaint commencing this action.”
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