Statutes Of Limitations
The limitation period applicable to medical malpractice actions for injury or death is two years from the time the cause of action accrued. Idaho Code § 5219(4) (1994). The general rule …
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Contributory Or Comparative Negligence
The contributory negligence of a claimant does not bar recovery if the claimant's fault is less than the defendant's fault. Idaho Code § 6801 (1990). Idaho has adopted the …
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Joint And Several Liability
Idaho adheres to a modified version of common law joint and several liability. Idaho Code § 6803 (1990). Where the tortfeasors were acting in concert or as agents or servants of one …
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Contribution
The right of contribution exists among joint tortfeasors (defined to include both those jointly and those severally liable). A tortfeasor is entitled to contribution when he has discharged the …
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Vicarious Liability
A hospital is only liable for the negligent acts or omissions of its employees and agents. Keyser v. St. Mary's Hospital, 662 F. Supp. 191 (D. Idaho 1987). There appear to be no published …
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