Medical Malpractice Law

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 common liability or has paid more than his pro rata share. Idaho Code § 6­803 (1990). A joint tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from joint tortfeasors whose liability to the claimant was not extinguished by the settlement.