Idaho Code
Idaho Code § 6-1013 (2026)
Testimony of expert witness on community standard.
✓ current as of May 2026
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Testimony of expert witness on community standard.
The applicable standard of practice and such a defendant’s failure to meet said standard must be established in such cases by such a plaintiff by testimony of one (1) or more knowledgeable, competent expert witnesses, and such expert testimony may only be admitted in evidence if the foundation therefor is first laid, establishing (a) that such an opinion is actually held by the expert witness, (b) that the said opinion can be testified to with reasonable medical certainty, and (c) that such expert witness possesses professional knowledge and expertise coupled with actual knowledge of the applicable said community standard to which his or her expert opinion testimony is addressed; provided, this section shall not be construed to prohibit or otherwise preclude a competent expert witness who resides elsewhere from adequately familiarizing himself with the standards and practices of (a particular) such area and thereafter giving opinion testimony in such a trial.
Notes of Decisions
Cited in 76
cases (9 in the last 5 years), 1981–2026 · leading case: Martha A. Arregui v. Rosalinda Gallegos-Main, 291 P.3d 1000 (Idaho 2012).
Martha A. Arregui v. Rosalinda Gallegos-Main, 291 P.3d 1000 (Idaho 2012). “In that prior ruling, the court identified the four elements needed to establish the foundation and quoted the Dulaney case as follows: To avoid summary judgment for the defense in a medical malpractice case, the plaintiff must offer expert testimony indicating that the…”
SUHADOLNIK v. Pressman, 254 P.3d 11 (Idaho 2011). “The Suhadolniks argue that the district court erred in narrowing the standard of care to Flomax in particular, rather than allowing the general standard testified to in Dr.”
Buck v. St. Clair, 702 P.2d 781 (Idaho 1985). “The plaintiff called as a witness Dr. Anton Broms, a nationally board-certified obstetrician-gynecologist from Portland, Oregon, to testify regarding the standard of care and the defendant's negligence.”
Mattox v. Life Care Centers of Am., Inc., 337 P.3d 627 (Idaho 2014). “foundation by establishing: (a) that such an opinion is actually held by the expert witness, (b) that the said opinion can be testified to with reasonable medical certainty, and (c) that such expert witness possesses professional knowledge and expertise coupled with actual…”
Gubler v. Boe, 815 P.2d 1034 (Idaho 1991). “Idaho Code § 6-1013 adds to I.C. § 6-1012 that the applicable standard of practice must be established by the plaintiff in the form of one or more knowledgeable, competent expert witnesses, and lays down, as one of the various prerequisites to the admission (foundation) that, as…”
Pearson v. Parsons, 757 P.2d 197 (Idaho 1988). “I.C. § 6-1013 provides that the applicable standard of practice and the failure of the defendant physician to meet this standard must be established by plaintiff by "one (1) or more knowledgeable, competent expert witnesses.”
David Samples v. Dr. Ray W. Hanson, 384 P.3d 943 (Idaho 2016). “I.C. § 6-1013. “Rule 56(e) of the Idaho Rules of Civil Procedure imposes additional requirements upon the admission of expert medical testimony submitted in connection with a motion for summary judgment.”
Frank v. East Shoshone Hosp., 757 P.2d 1199 (Idaho 1988). “[1] Idaho Code § 6-1013 (c) states that in any medical malpractice case, plaintiff "must" establish "that such expert witness possesses professional knowledge and expertise coupled with actual knowledge of the applicable said community standard to which his or her expert…”
Lepper v. E. Idaho Health Servs., Inc., 369 P.3d 882 (Idaho 2016). “I.C. § 6-1013. Idaho Code section 6-1013 is useful information related to expert witness disclosures emphasized by I.”
Bybee v. Gorman, 335 P.3d 14 (Idaho 2014). “for such testimony: (a) that such an opinion is actually held by the expert witness, (b) that the said opinion can be testified to with reasonable medical certainty, and (c) that such expert witness possesses professional knowledge and expertise coupled with actual knowledge of…”
Kozlowski v. Rush, 828 P.2d 854 (Idaho 1992). “The trial court ruled that Dr. Broms had not adequately familiarized himself with the local standard of care for Boise.”
Ballard v. Kerr, M.D, Silk Touch Laser, 378 P.3d 464 (Idaho 2016). “3d 14, 19 (2014) (internal quotation marks omitted); see also I.C. § 6-1013. a. There was substantial evidence to support a finding that Dr.”
— Idaho Code § 6-1013(a) — 1 case
Pearson v. Parsons, 757 P.2d 197 (Idaho 1988). “I.C. § 6-1013 provides that the applicable standard of practice and the failure of the defendant physician to meet this standard must be established by plaintiff by "one (1) or more knowledgeable, competent expert witnesses.”
— Idaho Code § 6-1013(b) — 1 case
Pearson v. Parsons, 757 P.2d 197 (Idaho 1988). “I.C. § 6-1013 provides that the applicable standard of practice and the failure of the defendant physician to meet this standard must be established by plaintiff by "one (1) or more knowledgeable, competent expert witnesses.”
— Idaho Code § 6-1013(c) — 7 cases
Frank v. East Shoshone Hosp., 757 P.2d 1199 (Idaho 1988). “[1] Idaho Code § 6-1013 (c) states that in any medical malpractice case, plaintiff "must" establish "that such expert witness possesses professional knowledge and expertise coupled with actual knowledge of the applicable said community standard to which his or her expert…”
Buck v. St. Clair, 702 P.2d 781 (Idaho 1985). “The plaintiff called as a witness Dr. Anton Broms, a nationally board-certified obstetrician-gynecologist from Portland, Oregon, to testify regarding the standard of care and the defendant's negligence.”
Grimes v. Green, 746 P.2d 978 (Idaho 1987).
Gubler v. Boe, 815 P.2d 1034 (Idaho 1991). “Idaho Code § 6-1013 adds to I.C. § 6-1012 that the applicable standard of practice must be established by the plaintiff in the form of one or more knowledgeable, competent expert witnesses, and lays down, as one of the various prerequisites to the admission (foundation) that, as…”
Kozlowski v. Rush, 828 P.2d 854 (Idaho 1992). “The trial court ruled that Dr. Broms had not adequately familiarized himself with the local standard of care for Boise.”
— Idaho Code § 6-1013(c)(1) — 1 case
Martha A. Arregui v. Rosalinda Gallegos-Main, 291 P.3d 1000 (Idaho 2012). “In that prior ruling, the court identified the four elements needed to establish the foundation and quoted the Dulaney case as follows: To avoid summary judgment for the defense in a medical malpractice case, the plaintiff must offer expert testimony indicating that the…”
— Idaho Code § 6-1013(c)(l) — 1 case
Martha A. Arregui v. Rosalinda Gallegos-Main, 291 P.3d 1000 (Idaho 2012). “In that prior ruling, the court identified the four elements needed to establish the foundation and quoted the Dulaney case as follows: To avoid summary judgment for the defense in a medical malpractice case, the plaintiff must offer expert testimony indicating that the…”
— Idaho Code § 6-1013(e) — 4 cases
Buck v. St. Clair, 702 P.2d 781 (Idaho 1985). “The plaintiff called as a witness Dr. Anton Broms, a nationally board-certified obstetrician-gynecologist from Portland, Oregon, to testify regarding the standard of care and the defendant's negligence.”
Grimes v. Green, 746 P.2d 978 (Idaho 1987).
Frank v. East Shoshone Hosp., 757 P.2d 1199 (Idaho 1988). “[1] Idaho Code § 6-1013 (c) states that in any medical malpractice case, plaintiff "must" establish "that such expert witness possesses professional knowledge and expertise coupled with actual knowledge of the applicable said community standard to which his or her expert…”
Michael v. Garner, 922 P.2d 409 (Idaho Ct. App. 1996).
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