Skip to main content

Prelitigation

Prelitigation Manager: Alissa Murphy (email) / 208-577-2511 (phone)

Introduction and Forms

Idaho Code requires that claims for medical malpractice go through the Prelitigation screening process. To file a claim for medical malpractice please submit the form below. Form may be downloaded, filled out, and emailed, mailed or hand-delivered to the Idaho State Board of Medicine (Board).

Malpractice Prelitigation Form
A form for you to report improperly provided or withheld health care. Please read carefully the instructions on the Application and Claim Form for Medical Malpractice Prelitigation Screening Request. In order to process your request, please submit the Application and Claim to the Board of Medicine. Named Respondents (Idaho Licensed Physicians and/or Acute Care General Hospitals) will receive a copy of the filed Prelitigation Screening Request from the Board. Claimant will also need to send a copy of the Application and Claim Form to the named Respondents. NOTE: Incomplete applications will delay the process.

Please read the attachments included with the application for familiarization of the Medical Malpractice Prelitigation Hearing process. The packet above includes:

Application & Claim, Idaho Medical Malpractice Statute, and the Board's Position Statement regarding Out-Of-State Attorneys

Medical Malpractice Law in Idaho
Idaho Code regarding medical malpractice from the hearing panel composition to the duration of proceedings.

Prelitigation Screening

Applications

Hearings may be requested by submitting the Application and Claim Form provided by the Board (see above). Claims must set forth in reasonable detail including when, where, and how the health care in question is alleged to have been negligently provided and the damages claimed.

Panel Chairmen

The panel chairmen are attorneys appointed by the Idaho State Bar.

Hearings

The panel chairman schedules and conducts hearings. It is important that panelists and persons involved appear at the time and place hearings are scheduled. Failure to appear can cause inconvenience and substantial loss in time and expense for many people. It is the responsibility of the parties to arrange their own representation. Any Claimant or Respondent who does not intend or wish to appear or be represented at the hearing is requested to notify the Panel Chairman immediately. The law does not require the claimant to be represented by an attorney.

Board of Medicine

The Board of Medicine receives requests for hearings, makes appropriate notifications, appoints the panel, and assists the panel chairmen as requested in making the necessary arrangements for hearings.