If an injured Idaho patient believes that he has sustained an injury due to physician negligence, the attorney he hires will have to retain an expert witness (another physician) to testify that the treating physician departed from the ‘standard of care’ for treating the malady in question. In many cases, especially involving complex illnesses, proving physician negligence can be quite difficult.
However, assume the following facts: Patient John Smith has a malignant tumor on his left leg. His surgeon operates and, instead of removing the left leg, he cuts off his right leg. Would John Smith’s attorney still have to retain a physician to testify that this surgery was negligent? Yes.
Now assume these added facts: The wrong leg amputation occurred in Coeur d’Alene, and the expert testifying physician practices medicine in Boise. The result – the case would be tossed out of court!
In the September, 2014 case of Bybee vs. Gorman, the Idaho Supreme Court re-stated a firm principal of Idaho medical malpractice law:
In any case, claim or action for damages due to injury to or death of any person, brought against any physician and surgeon or other provider of health care . . . such claimant ….must, as an essential part of his or her case in chief, affirmatively ….. that such defendant then and there negligently failed to meet the applicable standard of health care practice of the community in which such care allegedly was or should have been provided…. . . As used in this act, the term “community” refers to that geographical area ordinarily served by the licensed general hospital at or nearest to which such care was or allegedly should have been provided.
Thus, the medical expert must show that he or she is familiar with the standard of health care practice for the relevant medical specialty, during the relevant timeframe, and in the community where the care was provided.
Idaho Code section 6-1012 defines “community” as “that geographical area ordinarily served by the licensed general hospital at or nearest to which such care was or allegedly should have been provided.” The district court determined that Pocatello was not within that geographical area [of Idaho Falls].
Specifically, the district court explained:
Although Idaho Falls lies within one hour’s distance of Pocatello, it is served by Eastern Idaho Regional Medical Center [EIRMC]. Pocatello is served by Portneuf Medical Center. In between Idaho Falls and Pocatello lies the city of Blackfoot, itself served by Bingham Memorial Hospital.
Osborn testified that EIRMC serves Pocatello patients as well as Idaho Falls patients. Taken as true for purposes of summary judgment, the fact that EIRMC serves patients from throughout the region does not alter the requirement that the Bybees must produce direct expert testimony of the applicable standard of health care practice of the community in which such care alleged was or should have been provided. The “community” at issue is Idaho Falls, not Pocatello.
In other words, what may be medical negligence in Idaho Falls might not be negligence in Pocatello. Amazing.
However, the Supreme Court nevertheless ruled that the lower court erred in dismissing the lawsuit. Why? Because the testifying physician testified that he was able to learn the ‘standard of care’ for Idaho Falls by speaking to an unidentified physician in Idaho Falls. According to the Idaho Supreme Court, that qualification was enough to prevent dismissal of the case.