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If a healthcare professional or facility, such as a doctor, nurse, or hospital, provides medical care that deviates from the accepted medical standard of care, which leads to an injury or medical harm that could have been prevented, you may have a medical malpractice case.
Medical malpractice can result from a specific action or a lack of action. One study showed that medical errors lead to over 250,000 deaths per year in hospitals. Other studies have estimated that preventable medical errors lead to as many as 400,000 deaths per year. Medical malpractice also covers other consequences of negligence including new or worsening illnesses, conditions, or injuries.
Specific legal criteria must be met to have a valid medical malpractice case, which includes four required elements:
The healthcare provider had a duty of care to the patient to care for the patient.
The breach of duty directly caused harm or injury to the patient. It must be demonstrated that the healthcare provider’s actions or negligence led to the patient’s injury or worsened their condition.
The healthcare provider breached the duty of care owed to the patient with actions or inactions that deviated from the accepted medical standard of care.
The patient suffered damages because of the breach of duty, which caused harm or injury. Damages can include physical pain, mental anguish, medical expenses, lost wages, and other losses.
The statute of limitations is the length of time you have to file a lawsuit after an incident. It can vary by state, but in Hawaii, you have two years after the date of injury or illness to file a claim in a medical malpractice lawsuit. There may be some exceptions to the statute of limitations if the medical symptoms resulting from the negligence were not noticeable.
In medical malpractice cases, clients may be eligible to recover multiple types of damages, including:
The injured party is compensated for the harm they have suffered as a result of medical malpractice, including current and future medical expenses, lost wages, loss of earning capacity, and non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life.
These damages are awarded when the healthcare provider’s conduct is found to be particularly egregious or intentional. They are meant to punish the defendant and deter similar behavior in the future. Punitive damages are not awarded in every case and are typically only granted when the defendant’s actions are considered willful, wanton, or reckless.
Medical malpractice can be very complex and it can be difficult to determine if a bad medical outcome was the result of a medical error or the disease or injury itself. That is why we rely on trusted experts to investigate and uncover the truth.
After an initial consultation, our experienced team will provide an honest assessment of whether your case has merit. If it does, we will leverage medical experts to assess all the evidence so you can receive fair compensation for the full extent of the damage caused by the negligence.
Find quick answers to common questions about preparing for a medical malpractice consultation.
In Hawaii, you have two years after the date of injury or illness to file a claim in a medical malpractice lawsuit. There may be some exceptions to the statute of limitations if the medical symptoms resulting from the negligence were not noticeable.
If you believe you are suffering as a result of medical negligence that happened while you were in Maui, you need to file a lawsuit with a lawyer in Hawaii.
Informed consent means that healthcare providers are required to provide necessary information about medical treatment to you before you receive the care. If a provider did not give you adequate information to make an educated decision, you may be eligible to file a malpractice claim.
Malpractice cases against government hospitals can be more complex, but if you are the victim of negligence, you can file a claim. The Federal Tort Claims Act (FTCA) is a federal law that allows people to sue the US government for damages caused by the negligence of federal employees. But the FTCA can also protect government entities so speaking with an attorney with medical malpractice expertise is critical.