Medical malpractice in Idaho
Indexed noneconomic ceiling
Idaho medical malpractice claims generally must be filed within two years of the act, usually after a required prelitigation screening panel, and face an annually adjusted noneconomic damages ceiling published by the Idaho Industrial Commission.
Last reviewed September 22, 2026
- Noneconomic cap
- $538,425.04
- Prior window
- $509,013.28
- Usual filing window
- 2 years
Industrial Commission figure beginning July 1, 2026
July 1, 2025 through June 30, 2026
From the act, not a general discovery rule
Damage caps
Noneconomic damages in personal injury and wrongful death actions generally may not exceed the published cap. For July 1, 2025, through June 30, 2026, that figure is $509,013.28. Beginning July 1, 2026, it is $538,425.04. Economic damages are not limited by that statute. The cap does not apply to willful or reckless misconduct, or to certain felony-level conduct.
Not capped
Economic damages
Medical bills and lost earnings remain limited by proof. Section 6-1603 does not cap them.
Indexed cap
Noneconomic damages
No judgment for noneconomic damages may exceed the maximum in effect under section 6-1603. The statute uses an annual wage-linked adjustment, and the Industrial Commission publishes the current maximum. For a judgment in the window beginning July 1, 2026, the published figure is $538,425.04. The prior published window, July 1, 2025, through June 30, 2026, was $509,013.28. The jury is not told the limit.
The cap does not apply if the defendant acted with willful or reckless misconduct, or if the factfinder finds beyond a reasonable doubt that the conduct would constitute a felony. Use the published table for the judgment period. This page does not state a dollar for a July 1 adjustment the Commission has not yet published. Confirm which figure applies if a judgment straddles a July 1 change.
The limit applies per claimant across responsible persons. It is not a separate cap that stacks once for each defendant.
Published noneconomic maximums
Amounts are the Idaho Industrial Commission figures under section 6-1603. They are not payment averages. The same maximum applies to personal injury and wrongful death noneconomic damages.
| Milestone | Personal injury | Wrongful death |
|---|---|---|
| July 1, 2025 through June 30, 2026 | $509,013.28 | $509,013.28 |
| Beginning July 1, 2026Review year | $538,425.04 | $538,425.04 |
The July 1, 2026 row matches this review. The next July 1 adjustment is not stated here because it is not in the Commission table used for this pass. Willful or reckless misconduct, and felony-level conduct found beyond a reasonable doubt, are outside the cap. The jury is not instructed on the limit.
Filing deadlines
File within two years of the occurrence in most cases. Foreign objects and concealment have special discovery rules. Complete the screening panel process before suit. Idaho does not use a general discovery statute of limitations for these claims.
- General rule
A professional malpractice action generally must be commenced within two years following the occurrence, act, or omission complained of. The clock is occurrence-oriented.
- Foreign object or concealment
A foreign object left in the body, and fraudulent concealment, support discovery-based timing. The statute generally measures that path as one year from discovery. Read the statutory wording on the facts.
- Screening panel
An informal, nonbinding hearing before a prelitigation screening panel of the Board of Medicine is generally a condition precedent to litigation.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
The dollar changes every July 1
The valuation headline is the Industrial Commission maximum: $509,013.28 for the year ending June 30, 2026, and $538,425.04 beginning July 1, 2026. The judgment window selects the figure.
Idaho Industrial Commission noneconomic caps table (opens in a new tab)
Two years from the act, then the panel
The process headline is an occurrence-based two-year clock and a mandatory screening panel before suit.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for an Idaho case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
The indexed noneconomic ceiling and proof of economic loss shape the result.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. Noneconomic damages are capped under Idaho Code section 6-1603. The cap is indexed each July 1 to Industrial Commission wage changes. The published maximum effective July 1, 2025, through June 30, 2026, is $509,013.28. The published maximum effective July 1, 2026, is $538,425.04. Use the table in effect for the relevant judgment period. This page does not state a figure for a later July 1 adjustment that the Commission has not published. The cap does not apply to willful or reckless misconduct, or to conduct the factfinder finds beyond a reasonable doubt would constitute a felony. The jury is not told the limit. The cap applies per claimant across responsible persons. Economic damages are not capped by section 6-1603. Professional malpractice actions generally must be commenced within two years of the occurrence under section 5-219(4), with foreign-object and fraudulent-concealment discovery paths. A compulsory prelitigation screening panel under sections 6-1001 and following is generally a condition precedent to suit. Confirm which published cap applies if judgment straddles a July 1 change.
- Idaho Code § 6-1603 (opens in a new tab)Accessed September 22, 2026
- Idaho Industrial Commission noneconomic caps table (opens in a new tab)Accessed September 22, 2026
- Idaho Code § 5-219 (opens in a new tab)Accessed September 22, 2026
- Idaho Code § 6-1001 (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with an Idaho attorney about the current Industrial Commission dollar and panel filing.