Idaho Family Gets Do-Over in Missed Cancer Diagnosis Case

An Idaho family is getting a second chance to prove a hospital is vicariously liable for the actions of doctors who failed to timely diagnosis a patient’s colorectal cancer, because a lower court improperly excluded their expert medical witness’s testimony, the state’s top court said.

Idaho law requires expert medical witnesses to have actual knowledge of the community standard of care, the Idaho Supreme Court said. A witness may be a local doctor who practices in the community or an “out-of-area” expert who shows that they are familiar with the applicable community standard, it said.

Duane Dlouhy went to the ...