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* While these are not the only types of medical malpractice cases, they are very common and often result in serious injury.

Representing You in A Medical Malpractice Case


Your attorney will determine if your doctor or other medical professionals who were responsible for your care failed to adhere to the standard that has been established for them nationally and here in Idaho.

If so, we then need to determine how that failure contributed to your harm.

No medical professional will likely volunteer an admission of malpractice to you.

So pursuing a case will require extensive investigation. This is true both initially while we design a strategy for your case as well as on an ongoing basis as we pursue a settlement or verdict.


Nationally, the majority of medical malpractice cases that are tried to verdict are won by the hospitals or doctors, since the burden of proof falls on plaintiffs and their attorneys.

This is why Litster Frost Injury Lawyers are so careful at advising on when a settlement or trial is best, and to thoroughly research every avenue of fulfilling that burden of proof in a successful lawsuit.



A delay or misdiagnosis of a serious condition can lead to a lifelong injury or illness, or even death.

Some examples of such conditions where this can occur include:

Cancer misdiagnosis or delayed diagnosis

Cardiovascular conditions, heart attack, and/or stroke

Emergency room diagnosis and treatments

Hospital records or administration errors, resulting in delayed diagnosis

Birth injuries or prenatal issues causing harm to mother or baby

Medical testing errors

Common Malpractice cases


Contributing to Harm Before or During Birth

As routine as childbirth is, many complications can arise. Despite modern practices, medication, training, and equipment, some of the injuries that befall mothers or their babies during pregnancy or delivery are still caused by doctor error.

Learn more about this form of medical malpractice case on
our birth injury page.

Misuse of Medical Equipment

While many lawsuits pertain to medical equipment defect or design, some cases of harm contributed to by equipment or medical devices are due to their misuse. This could be due to lack of training, misapplication, or many other factors pertaining to human error.


Incorrect Prescription or Administering of Medicine

The process from prescribing to administering a medication is complex and wrought with the potential for dangerous mistakes. Wrong drug for wrong patient, timing, dosage, manner of reconstitution, rate of infusion or speed of administration, wrong pharmaceutical form, and many other factors have been cited in medication error-related cases.



Surgical Errors

Roughly 4,000 people per year in the U.S. suffer from serious surgical mistakes. Researchers and medical industry people refer to these as “never events,” as they should never have happened. An example would be operating on the wrong patient or body part, or leaving a foreign object such as a sponge inside the operation site of the patient.

There are also many other less obvious surgical complications, such as a failure to notice hemorrhaging. These can also be extremely serious.

how do these mistakes happen?


The coordination of staff is very complex.

Clerical and intake staff, administrative assistants, records and IT staff, nurses, doctors, interns, pharmacists, and other responsible professionals in hospitals and medical clinics all play a role.

With so many moving parts, a medical workflow can be very prone to contributing to oversights and errors. Add to that a breakdown in communication, and it’s no wonder that medical mistakes are common.

Lack of proper sleep can contribute.

Some cases have also cited that a lack of qualified workforce in the medical community can lead to overworked, and sometimes exhausted, mistake-prone situations. Even the most careful doctors or nurses who takes impeccable pride in their work can make mistakes when working double shifts with a lack of proper sleep.


Human error will be a factor in the equation.

Computerization of medical records and patient management has helped. But no matter how sophisticated medical management systems, workflows, and procedures become, human error will be a factor in the equation as long as these are managed by people.



Litster Frost’s Role

If you speak with an attorney at Litster Frost about your medical malpractice case, you’ll quickly realize why Idahoans trust our firm to handle their malpractice cases. You’ll see that experience and deep knowledge of litigation for malpractice is critical.

Let’s talk.
We’re standing by
to help.



Statute of Limitations?

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To schedule a consultation about your accident, call our office at (208) 333-3330 or fill out your case evaluation form now.

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In Idaho, you typically have two years to file a medical malpractice claim. Yet you may file within one year of discovering either (1) a foreign object inside your body or (2) a malpractice cover-up. These exceptions only apply if you did not already have reason to suspect malpractice.


Otherwise, the clock starts when an underage patient turns 18 or when an insane patient regains mental health. In any circumstance, though, the Statute of Limitations cannot exceed six years since the malpractice occurred.