If you or a loved one has suffered harm due to medical negligence, it’s crucial to understand the Hawaii medical malpractice statute of limitations. This legal timeframe dictates how long you have to file a lawsuit against a healthcare provider or hospital.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we are dedicated to providing you with the guidance and support you need during these challenging times.
Understanding the Hawaii Medical Malpractice Statute of Limitations
Hawaii’s statute of limitations for medical malpractice cases is codified in Hawaii Revised Statutes section 657-7.3. A lawsuit must be filed within two years from when the plaintiff discovers or should have discovered the injury through reasonable diligence.
However, this period cannot exceed six years from the date of the actual malpractice, regardless of when the injury was discovered unless a statutory exception applies. Claims involving government healthcare providers may be shorter.
A six-year period applies to the most serious felonies, excluding murder. Other felonies have a three-year limit. Misdemeanors must be prosecuted within two years, consistent with prior law. Petty misdemeanors and violations require prosecution within one year.
Detailed Breakdown of the Statute
Understanding these nuances of the Hawaii medical malpractice statute of limitations is crucial for ensuring you file your claim within the appropriate time frame.
Here are some common exceptions. There may be others that apply to your claim so please consult an experienced medical malpractice lawyer for guidance.
Discovery Rule
The statute starts running from the date the injury is discovered, or reasonably should have been discovered. This rule acknowledges that some injuries or errors are not immediately apparent.
Absolute Deadline
Regardless of discovery, in Hawaii, no claim can be filed more than six years from the date of the malpractice incident unless a statutory exception applies. This absolute deadline ensures finality and certainty in legal matters.
Statute for Minors
For minor victims of malpractice, the statute of limitations is six years from the date of the malpractice, except that a child under ten years has until the child reaches their tenth birthday, whichever is longer.
In addition, the time limits may be tolled for additional periods involving fraud, gross negligence, collusion by parents, guardians, insurers, or health care providers; or where the malpractice could not have been discovered through reasonable diligence.
These is provisions protect the rights of minors who may not be able to advocate for themselves.
Fraudulent Concealment
If a healthcare provider intentionally hides their malpractice, the statute of limitations may be extended. This exception prevents wrongdoers from escaping liability through deceit.
Continuous Treatment Doctrine
If the negligent treatment is part of an ongoing series of treatments, the statute of limitations may begin from the last date of treatment rather than the initial malpractice incident.
How Long Do You Have to Sue a Hospital for Negligence in Hawaii?
When it comes to suing a hospital for negligence, the same statute of limitations and exceptions apply. Adults generally have two years from the date of discovering the injury to take legal action, but no more than six years from the date the malpractice occurred.
This timeframe might seem restrictive, but it is designed to ensure evidence remains fresh and witnesses’ memories are reliable.
If you’re wondering, “how long do I have to file a medical malpractice claim?” remember that acting promptly is essential.
Delaying your claim could result in losing your right to seek justice and compensation for your suffering. It’s always wise to consult with an attorney as soon as you suspect malpractice to avoid missing critical deadlines.
Why Timely Action Is Crucial
The sooner you can file your medical malpractice claim, the better. Here are several reasons why it is beneficial to take action as soon as reasonably possible:
1. Preserving Evidence
Key evidence can be lost or degraded over time. Filing early helps preserve medical records, witness statements, and other crucial evidence.
2. Witness Availability
Witnesses’ memories fade, and their availability may change over time. Early filing ensures their testimonies are more reliable.
3. Financial Relief
Prompt action can provide financial relief sooner, helping cover medical bills, lost wages, and other expenses resulting from the malpractice. This financial support can be essential for your recovery and peace of mind.
4. Legal Strategy
Starting the legal process early allows your attorney more time to build a strong case. Gathering expert opinions, medical records, and other evidence can be time-consuming but is necessary for a successful claim.
Administrative Panel Review
In Hawaii, medical malpractice claims must be submitted to the Medical Inquiry and Conciliation Panel before a lawsuit can be filed.
Panel proceedings are intended to explore the nature of the claim and potential for resolution before a lawsuit is filed. There is a statute of limitations tolling provision related to the panel.
Common Medical Malpractice Claims in Hawaii
Understanding common types of medical malpractice can help you recognize whether you have a valid claim. Some frequent medical malpractice claims in Hawaii include:
- Misdiagnosis or Delayed Diagnosis. When a healthcare provider fails to diagnose a condition accurately or in a timely manner, resulting in harm to the patient;
- Surgical Errors. Mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the body, or causing unintended damage to organs;
- Medication Errors. Prescribing the wrong medication, incorrect dosage, or failing to recognize harmful drug interactions;
- Birth Injuries. Injuries to a mother or baby during childbirth due to medical negligence, including cerebral palsy, brachial plexus injuries, or other complications;
- Anesthesia Errors. Mistakes related to the administration of anesthesia, which can lead to severe injury or death; and
- Failure to Treat. When a healthcare provider correctly diagnoses a condition but fails to treat it according to the accepted standard of care.
These types of claims highlight the importance of holding healthcare providers accountable for their actions and ensuring patients receive the care they deserve. Your Hawaii medical malpractice attorney can help you determine the strength of your claim based on your unique situation.
Taking the First Step
If you believe you have a medical malpractice case, the first step is to consult with an experienced attorney. At Cronin, Fried, Sekiya, Kekina & Fairbanks, our team is dedicated to helping victims of medical negligence navigate the complex legal landscape.
We will evaluate your case, help you understand your rights, and ensure all necessary steps are taken within the Hawaii statute of limitations for medical malpractice.
Contact Our Medical Malpractice Attorneys To Get Started On Filing Your Legal Claim
Navigating the legal intricacies of the Hawaii medical malpractice statute of limitations can be daunting, especially when dealing with the aftermath of medical negligence.
Understanding the timeframes and exceptions is vital to protecting your rights and securing the compensation you deserve.
If you have any questions or need assistance, please reach out to Cronin, Fried, Sekiya, Kekina & Fairbanks. Our compassionate and knowledgeable team is here to support you every step of the way.
Contact us today to schedule a consultation and let us help you on the path to recovery and justice.
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