Corrupt practices that Kill Medical Malpractice Cases in Idaho

It took me a while to realize that Robyn’s medical malpractice case was not supposed to be won. As a matter of fact, I imagine the young attorney that was assigned to us, when we retained the firm, was probably also surprised. He thwarted early efforts of the defense team’s request for summary judgement.  After conducting research, I realized summary judgement kills a lot of medical malpractice cases in Idaho. Idaho code 6-1012 requires the plaintiff retain an expert to testify that the defendant negligently failed to meet the Community Standard of Healthcare that existed at the time that the harm occurred. Let me just say this, in Idaho Falls or the surrounding area, you will not find many doctors courageous enough to stand up. Robyn’s attorney could not find one in the Idaho Falls area. He said it appeared that they all had taken a vow of silence. He found an expert neurologist in California willing to testify as an expert witness, but he too had to become knowledgeable of the standard of care in Idaho. This required the assistance of a neurologist in Idaho speaking to the standard of healthcare in Idaho Falls. Of course no one came forward. So the defense filed for a summary judgement. The judge ruled against the defense and gave Robyn’s attorney more time.

According to the files I received from Robyn’s young attorney, he finally found a neurologist to speak to the expert, but then without notice the neurologist from Idaho pulled out and could not be contacted again. A few months later, I received a letter from the law firm representing Robyn’s case that this young attorney had left the firm and relocated. Sounds suspicious to you, well, at the time I was too busy raising my children and had placed my trust in this law firm.