Medical Malpractice Statute of Limitations in Idaho
Last verified 2026-07 · Source: Idaho Code § 5-219(4) ✓ verified · 3 sources
The deadline
2 years
from the time of the occurrence, act or omission complained of, under Idaho Code § 5-219(4).
Advertisement
Idaho law sets a hard deadline of 2 years to file a medical malpractice claim. The controlling statute is Idaho Code § 5-219(4), and the clock generally starts on the time of the occurrence, act or omission complained of. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Idaho Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | Idaho Code § 5-219(4) |
| Car Accident | 2 yrs | Idaho Code § 5-219(4) |
| Credit Card Debt | 4 yrs | Idaho Code § 5-217 |
| Wrongful Death | 2 yrs | Idaho Code § 5-219(4) |
| Personal Injury | 2 yrs | Idaho Code § 5-219(4) |
| Dog Bite | 2 yrs | Idaho Code § 5-219(4) (2-year personal injury SOL); no specific dog bite statute — common law one-bite rule applies |
| Slip and Fall | 2 yrs | Idaho Code § 5-219(4) |
| Defamation | 2 yrs | Idaho Code § 5-219(5) |
| Breach of Contract | 5 yrs | Idaho Code § 5-216 |
| Medical Debt | 5 yrs | Idaho Code § 5-216 |
When the Clock Starts
In Idaho, the limitations period for medical malpractice claims generally begins on the time of the occurrence, act or omission complained of. Idaho does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
Advertisement
Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Claims against a governmental/public hospital require a written notice of claim within 180 days under the Idaho Tort Claims Act, Idaho Code § 6-906.
- Damage caps: $250,000 cap on noneconomic damages, adjusted annually by the average annual wage, under Idaho Code § 6-1603.
A claimant must first submit the claim to a prelitigation screening panel through the Idaho State Board of Medicine (Idaho Code §§ 6-1001 to 6-1013) before filing suit; the panel's findings are nonbinding and confidential.
Source: Idaho Code § 5-219(4), official Idaho statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Idaho government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Idaho Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Idaho | 2 years | Idaho Code § 5-219(4) |
| Washington | 3 yrs | RCW 4.16.350 |
| Oregon | 2 yrs | ORS 12.110(4) |
| Nevada | 3 yrs | Nev. Rev. Stat. § 41A.097 |
| Utah | 2 yrs | Utah Code § 78B-3-404 |
| Wyoming | 2 yrs | Wyo. Stat. § 1-3-107 |
| Montana | 2 yrs | Mont. Code Ann. § 27-2-205 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Idaho?
You have 2 years from the time of the occurrence, act or omission complained of, under Idaho Code § 5-219(4).
Can I still sue after 2 years in Idaho?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Idaho generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Claims against a governmental/public hospital require a written notice of claim within 180 days under the Idaho Tort Claims Act, Idaho Code § 6-906.
Advertisement
Sources
- Official Idaho Code § 5-219 — Idaho State Legislature
- Corroborating Idaho Medical Malpractice Laws: Limits & Deadlines — Nolo
- Corroborating Idaho Code § 5-219 (Limitation of actions) — Justia
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Idaho attorney.