Medical Malpractice Attorneys in Boise, Idaho

Straight Answers. Sound Advice.

We help injured patients and their loved ones take action against negligent healthcare providers.

Zero Fees Unless We Win Your Case.

Our #1 objective is to take the stress and burden of this difficult time off of your shoulders and help you recover physically, emotionally, and financially.


We’re here to ensure that your future and your finances are protected.

Our job is to protect our clients and get them full and fair compensation after an injury caused by negligent healthcare providers, administrators and other parties within the healthcare industry.

People come to our firm for strong, compassionate representation when they have been injured or lost a loved one to someone else’s negligence.

We have experience in many types medical malpractice cases at Monteleone Law Offices, P.L.L.C.

You can rely on us to investigate your case, determine liability and fight vigorously for the compensation you are entitled to.

Jason is a great lawyer, and a great guy. He has always treated me with kindness and respect. You can tell he has your best interest at heart when you meet with him. I would absolutely feel comfortable referring my friends and family to Jason.

Brett W.

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You Don’t Have to Go Up Against the Hospitals and the Insurance Companies Alone.

Understanding Medical Malpractice

Medical professionals, including doctors, nurses, and healthcare institutions, are expected to uphold a consistent standard of expertise, proficiency, and discernment, similar to their counterparts in the field. This standard should be maintained regardless of the patient's background, financial status, age, or any other personal factors.

Regrettably, there are instances where this expected standard is not met. Research from Johns Hopkins University reveals that medical mistakes or oversights result in harm or death to 250,000 Americans annually. This ranks it as a top reason for fatalities and injuries in the U.S. Yet, only a small fraction, about 3%, of affected individuals or their families seek compensation.

A concerning statistic shows that a mere 5% of doctors account for half of all medical malpractice complaints. Even more alarming, the most negligent 1.7% are linked to almost 28% of all medical negligence cases. Furthermore, hospitals vary in the quality of care they provide. Factors such as location, ties to academic institutions, and the caliber of staff play a significant role in these disparities.

What Constitutes Medical Malpractice?

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.

How a Medical Malpractice Attorney Can Help

A medical malpractice attorney is a lawyer who specializes in helping people who have been injured by the negligence of a medical professional. Medical malpractice occurs when a doctor, nurse, or other healthcare provider fails to provide the standard of care that is expected of them, and that failure results in harm to the patient.

Medical malpractice attorneys typically handle cases involving:

  • Wrongful death: When a patient dies as a result of medical negligence.
  • Serious injury: When a patient suffers a serious injury, such as paralysis, brain damage, or amputation, as a result of medical negligence.
  • Birth injuries: When a baby is born with a birth defect or other injury as a result of medical negligence during pregnancy or childbirth.
  • Medical mistakes: When a doctor or nurse makes a mistake in diagnosis, treatment, or medication, and that mistake results in harm to the patient.

Medical malpractice attorneys help their clients by:

  • Investigating the case: The attorney will gather evidence to determine whether there was medical malpractice, such as medical records, expert witness opinions, and witness statements.
  • Negotiating a settlement: If the attorney believes that the case has merit, they will try to negotiate a settlement with the insurance company of the healthcare provider who was negligent.
  • Filing a lawsuit: If a settlement cannot be reached, the attorney will file a lawsuit on behalf of the patient.
  • Going to trial: If the case goes to trial, the attorney will present the evidence to a jury and argue that the healthcare provider was negligent and that the patient's injuries were caused by that negligence.

Medical malpractice cases can be complex and time-consuming, but a good medical malpractice attorney can help patients understand their options and get the compensation they deserve for their injuries.

Why Choose Monteleone Law Offices?


Our attorneys are well versed and focus in the area of medical malpractice as well as personal injury and wrongful death claims.


Our attorneys live in the Boise area where they have practiced personal injury law for the past three decades.

Fee Structure

If we cannot recover damages for your accident injury or wrongful death claim, you pay us nothing.


When you are a client of Monteleone Law Offices you will speak to an attorney directly – not through a paralegal or secretary.

Trial Experience

Fighting for personal injury compensation can be a complex process. When you have been injured, you need an attorney who understands your rights, the legal system, and your case inside and out.

When deciding on a personal injury lawyer, we recommend asking two questions:

  1. How many trials have they done?
  2. What were their last three results?

Our lawyers are not afraid to go to trial. And, we will not settle a case unless we believe our client is getting the most compensation possible. Our goal is to get the outcome you deserve.

Outstanding law firm that worked on my case in a well thought out and professional manner. Would recommend them to anyone to utilize!

Joe D.

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