Addressing burden of proof in Hawaii medical malpractice cases

On Behalf of | Aug 3, 2016 | Medical Malpractice |

Many Hawaii medical patients entrust themselves to the skill, experience, knowledge and care of physicians, nurses, practitioners and other medical staff members in facilities throughout the state every day. Most understand that health care providers are merely human beings that are capable of making mistakes. However, when a patient suffers injury, illness or death because of negligence, it may lead to a medical malpractice lawsuit.

When a person files a negligence claim against a medical professional, a burden of proof exists. In order to show the court that a doctor or nurse was negligent, a plaintiff must first establish that the defendant had a duty to provide care according to the highest levels of accepted safety standards in the state. One must also demonstrate that the care provider deviated from such standards, and that that deviation resulted in his or her injury.

These matters are often complicated and difficult to prove in court. This is one of many reasons that such issues are typically best addressed alongside aggressive and experienced counsel. An attorney can review an individual case and help identify all possible sources of liability. Steps can then be taken to enlist the help of expert witnesses who can confirm the severity of an injury and substantiate the claim that substandard medical care was the probable cause.

Various types of negligence may exist within a claim. For instance, many patients have cited that physicians failed to inform them of potential benefits, dangers or alternative treatments regarding their situations. Others have said they were given either the wrong types of medication or the wrong amounts. Still more have suffered serious injuries when emergency situations were handled poorly or surgical errors occurred during operations. Any Hawaii patient who has suffered because of medical negligence can seek full recovery for losses by filing a medical malpractice claim against those deemed responsible.

Source:, “Proving Fault in Medical Malpractice Cases“, Accessed on July 31, 2016