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Medical Malpractice Law

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Damage Caps

Non­economic damages for personal injury or wrongful death may not exceed $400,000. Idaho Code § 6­1603 (1990). The $400,000 cap has been adjusted on July 1 of each year since 1988 by the rate of increase in average wages in Idaho. Id. The limitation on non­economic damage awards is inapplicable to causes of action arising out of willful or reckless conduct and to causes of action arising out of acts constituting a felony under state or federal law. Id. It is also inapplicable to punitive damages. Idaho Code § 6­1604 (1990). In addition, Idaho law gives judges more power than the law of most states to reduce damages that are “unsupported or unjustified.” Idaho Code § 6­807 (Supp. 1997).