Health Care

Quane Jones McColl has extensive experience in defending professional malpractice claims against all manner of health care providers including all specialties of physicians, physician groups and clinics, surgical facilities, hospitals, physician assistants, nurse practitioners, counselors, nurses, psychologists, chiropractors and therapists.  We recognize the unique nature of defending the health care industry and how best to take advantage of Idaho’s provider-friendly statutes addressing the local standards of practice throughout Idaho.  We regularly provide loss control seminars and risk management discussions with our clients and their carriers to help prevent future claims, as well as defend existing claims.  We understand the regulatory and licensing issues unique to Idaho and have successfully represented dozens of providers before state licensing agencies on all manner of patient and regulatory complaints.  Our attorneys are experienced in litigation arising from peer review, credentialing, licensure, and related matters. In addition, our attorneys have also represented and negotiated the resolution of claims with state and federal entities including HIPAA complaints and Medicare, Medicaid recovery, fraud and abuse actions.

As the health care industry wrestles to meet the changing landscape brought about by the integration of the Affordable Care Act, our attorneys are pleased to serve as legal counsel in a variety of capacities and our clients benefit from the depth of our experience resulting in claim resolutions that meet their specific needs.  One unique issue which will have profound consequences for the resolution of large scale litigation involves the annual caps on out of pocket expenses under the Affordable Care Act which currently is $5950 annually.  We are vigorously pursuing the favorable application of this law set to go into effect on January 1, 2014 to largely eliminate the substantial sums routinely sought in large loss life care plans.  This is a national issue which is only now starting to unfold in trial courts around the country. We expect this issue has the potential to bring about one of the largest potential tort reforms in recent memory.


Insurance Defense

Our attorneys represent insurers and insureds alike in all manner of standard and specialty lines. We are prepared to represent defendants from initial accident investigation through discovery, settlement, trial, and appeals where necessary.  We have the benefit of decades of experience with this unique tripartite relationship.  Drawing upon this experience we are often able to find cost-effective, creative solutions.  Having the benefit of past experience, we know that early evaluation and analysis of the particular litigation risks and identifying strengths and weaknesses is often the key to successful litigation defense.  The statement that the best way to settle a case is ensure that it is properly prepared for trial is an often voiced mantra in our firm.  We provide representation in coverage litigation, and insurance contract breach and bad faith claims. We are experienced in providing specialty defense of professional malpractice claims for the legal, accounting, construction, engineering and architectural industries.

We understand the nature of practice for these professionals, the types of environments and clientele they routinely interact with and the standards to which they are held under Idaho law. When disputes cannot be resolved informally, our attorneys have considerable experience in mediating and litigating simple claims to complex, multi-party actions relating to almost every type of tort litigation including: product liability, drug liability, construction defect, professional malpractice including architects, fire and explosion, engineers and accountants as well as catastrophic personal injury, transportation, premises liability and wrongful death claims. Our attorneys stay abreast of statutory changes, trends, case law and industry developments concerning torts throughout the state of Idaho.


Agriculture Litigation

Although often included as a component of insurance defense, the defense of agricultural claims is so unique that it generally requires an attorney with a background in this field.  We have attorneys who have decades of hands on agricultural experience and are able to handle these unique claims including wet and dry land farming issues, seed claims, dairy operations, milk, butter, cheese and other dairy product production and manufacturing claims, bacterial contamination, good manufacturing practices, breeding issues, stray voltage, feed contamination, products liability for misuse and failure to warn, products liability useful safe life, animal losses, and lost profits from various agriculture endeavors.  Agriculture is a significant component of Idaho’s economy and having attorneys with working knowledge of many facets of this diverse and labor intensive industry gives us an advantage over many other insurance defense firms.