In Idaho, civil actions for medical malpractice are defined in Idaho Statutes: Title 6, Chapter 10. Medical malpractice refers to a situation where a healthcare professional or institution, through a negligent act or omission, causes harm or injury to a patient. This negligence might be the result of errors in diagnosis, treatment, aftercare, or health management. For an act or omission to be considered medical malpractice, the following elements typically need to be present:

1. Duty of Care: The healthcare provider must have a professional relationship with the patient, establishing a duty to provide care. This means that the patient sought the provider's services, and the provider agreed to be hired.
2. Breach of the Standard of Care: The healthcare provider failed to conform to the accepted standard of care for their profession. This means that another reasonably prudent provider in the same field, under similar circumstances, would have acted differently.
3. Injury: The patient suffered an injury or harm. This could be physical, emotional, or financial.
4. Causation: There must be a direct link between the healthcare provider's negligence and the patient's injury. In other words, the injury would not have occurred if it weren't for the provider's breach of duty.

Examples of medical malpractice include:

• Misdiagnosis or Delayed Diagnosis: Failing to diagnose, or misdiagnosing a condition, can prevent a patient from receiving necessary treatment, leading to worsening of the condition.
• Surgical Errors: These can range from operating on the wrong body part to leaving surgical instruments inside a patient.
• Medication Errors: Administering the wrong medication, the wrong dosage, or failing to account for drug interactions can have serious consequences.
• Birth Injuries: Negligence during childbirth can result in injuries to the baby or the mother.
• Failure to Obtain Informed Consent: If a healthcare provider doesn't inform a patient of the risks, benefits, and alternatives of a procedure or treatment, and the patient is injured as a result, it may be considered malpractice.
• Poor Follow-up or Aftercare: Neglecting post-treatment care can lead to complications or worsening of the patient's condition.

It's important to note that not all medical errors constitute malpractice. For it to be malpractice, the care provided must deviate from accepted standards of care, and this deviation must result in harm to the patient. If you believe you've been a victim of medical malpractice, it's essential to consult with a legal professional who can provide guidance specific to your situation.