Did your baby have “cooling” in the NICU?  Some doctors call this newborn “hypothermic cooling.” Parents often do not understand why their newborn baby had to be cooled in the NICU. Parents may be told differing, even conflicting reasons for why their baby had to have cooling.  Medical experts explain that the only reason for hypothermic cooling is the potential for hypoxic ischemic brain injury, or “HIE.”  Newborn HIE is brain injury from lack of blood flow and oxygen to the baby’s brain. There are criteria that usually must be met before a doctor orders hypothermic cooling for ..read more

Every year at this time, we encourage all Idahoans to drive safely and use good winter driving skills to avoid car crashes leading to personal injuries. Some safe winter driving tips and pointers: Slow down and drive at a lower speed to avoid automobile collisions on icy roads.  Leave extra following distance between you and vehicle ahead and do not tailgate, this goes a long way in avoiding motor vehicle accidents on winter roads.  Start stopping earlier and gently apply your brakes to avoid sliding into an intersection and causing a car collision.  Keep your win ..read more

Was your newborn baby diagnosed with HIE in the NICU?  We may be able to help.  HIE is short for hypoxic ischemic encephalopathy.  It is a type of brain injury caused by a lack of oxygenated blood flowing to the brain.  In some cases, this happens to an infant during labor and delivery due to medical malpractice.  If medical malpractice has caused HIE to a baby, the brain injury may in some cases be permanent, and can range from very severe to somewhat milder (although there really isn’t such a thing as a mild brain injury from the victim’s and ..read more

The Most Recent Cases            The last four years have continued the overall willingness of the Idaho Supreme Court to reversesummary judgments in medical malpractice cases as long as the basic rules have been followed.  Consistently, the Idaho Supreme Court has continued to reiterate the well-settled rules that can be relied upon to meet the foundational requirements of Idaho Code §6-1013 without undue confusion.  This being said, the Idaho Supreme Court has, as always, been willing to uphold summary judgment i ..read more

The Year 2000 Forward  From 2000 through 2010, the Idaho Supreme Court addressed the application of Idaho Code §6-1013 on no less than twelve separate occasions, with cases in all six of the general categories outlined above.  Throughout this timeframe, the Court reemphasized that there is more than one manner in which an out-of-area expert can become appropriately familiar with the standard of care under Idaho Code §6-1013.      Starting in 2000, in the case of Perry v. Magic Valley Regional Medical Center, which was a unanimous decision, the Idaho Supr ..read more

Introduction “[T]he question of how to qualify and out-of-area physician to render an opinion in a medical malpractice case ‘has plagued the bench and trial bar since the enactment of Idaho’s statutory structure…requiring proof [of] actual knowledge of the local standard of care.”  Grover v. Smith, 137 Idaho 247, 249, 46 P.3d 1105, 1107 (2002), quoting Keyser v. Garner, 129 Idaho 112, 117, 922 P.2d 409 (Ct. App. 1996).   The Early Cases The first cases in which the Idaho Supreme Court grappled with Idaho Code §6-1013 reflect two main issues.  One, the Court worked ..read more

Personal injury law in 2021 will experience several important trends.  One key trend is that defendants and insurance companies in personal injury cases will continue to be motivated to settle cases out of court during the current Covid pandemic situation.  This is because, all else being equal, personal injury jury trials are being delayed for months given that in person jury trials cannot take place.  Insurance companies and their insureds, as well as large self-insured entities, do not simply want unresolved cases sitting on their books for an indefinite amount ..read more

Mahoney Law, PLLC of Idaho provides product liability law firm services to those seriously injured by unreasonably dangerous and unsafe products.  Our product liability attorney assists individuals and families who have suffered injury or death due to unsafe products, with either manufacturing defects or design defects.  Mahoney Law’s product liability lawyer helps you investigate and determine if a claim or lawsuit is appropriate for injuries or death from products that malfunction and cause catastrophic harm.     Personal injury from a product can take ..read more

Many potential new clients understandably want to know how the lawyer in a personal injury case gets paid.  The same thing is true on medical malpractice cases where injured patients ask about how the attorney for the patient is compensated.  Whether it is a brain injury case, an automobile collision claim, or a medical malpractice lawsuit, lawyers who handle these types of cases on behalf of the plaintiff are typically paid on what is referred to as a “contingency fee” basis.  That is simply a fancy way of saying they are paid on a commission.  Simply p ..read more

A head injury of any type can potentially be devastating and life altering.  We understand that here at Mahoney Law of Idaho.  Our brain injury lawyer will work with you to fully document and present the extent of your injury.  Our concussion attorney will seek assistance from qualified and experienced experts to prove the impact of the concussion on your life.  As a head injury law firm, we work to develop the facts as to why the opposing party was negligent or reckless in causing  your brain injury so you receive the money damages to which yo ..read more