Experiencing medical malpractice can be a life-altering and traumatic event.
Whether you or a loved one has suffered due to a healthcare provider’s negligence, seeking justice and compensation to aid in your recovery is essential. Finding the best medical malpractice attorney for you in Hawaii can make a significant difference in the outcome of your case.
Here are seven tips for hiring the right legal counsel to represent your interests.
Understanding Medical Malpractice in Hawaii
Before diving in, it’s important to understand what constitutes medical malpractice in Hawaii. Medical malpractice occurs when a healthcare professional deviates from the standard of care and harms a patient. The standard of care is the minimum degree of knowledge and skill required of the healthcare provides under the circumstances. This can include:
- Misdiagnosis or delayed diagnosis—failing to timely diagnose a patient that results in harm, including failing to perform adequate diagnostic testing..
- Surgical errors—mistakes made during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient.
- Medication mistakes—errors in prescribing, dispensing, or administering medication.
- Birth injuries—harm caused to a newborn or mother due to negligence during pregnancy and childbirth.
- Failure to treat—not providing appropriate treatment for a diagnosed condition.
In Hawaii, the statute of limitations for filing a medical malpractice claim is generally two years from the date of the injury or from when the injury was discovered but no more than six years from the date of the alleged act of malpractice. However, there are exceptions that can make your time limit shorter or longer.
Understanding these nuances and specific statutes is crucial, as they dictate the timeframe and conditions under which you can file a claim. An experienced attorney familiar with Hawaii’s medical malpractice laws can navigate these complexities effectively.
Why You Need an Attorney Who Understands Hawaii Law
Hawaii has unique legal nuances and specific statutes related to medical malpractice that can significantly impact your case. For example, Hawaii requires that medical malpractice claims be reviewed by a Medical Inquiry and Conciliation Panel (MICP) before they can proceed to court.
This panel assesses the merits of the claim and facilitates settlements, which can be a critical step in resolving your case efficiently. Mistakes made in the MICP process can reduce or eliminate your rights to proceed in court.
Tips to Hire the Best Medical Malpractice Attorney in Hawaii
Knowing how to choose a medical malpractice lawyer who understands these local requirements and procedures can ensure that your case is handled correctly from the start, increasing your chances of a successful outcome.
Tip 1: Look for Specialized Experience
When searching for the best medical malpractice attorneys in Hawaii, prioritize lawyers experienced in medical malpractice cases. These attorneys will deeply understand the complexities involved and be well-versed in relevant laws and procedures.
Look for a firm with a proven track record in medical malpractice, such as Cronin, Fried, Sekiya, Kekina & Fairbanks, which is recognized with the top Tier 1 award for medical malpractice law in Hawaii in the Best Law Firms in America. .Cronin, Fried, Sekiya, Kekina & Fairbanks has handled more than 100 medical malpractice cases.
Tip 2: Check Qualifications and Credentials
When searching for the best medical malpractice attorney in Hawaii, it is important to verify the qualifications and credentials of potential attorneys. Ensure they are licensed to practice law in Hawaii and are in good standing with the Hawaii State Bar Association.
Four members of Cronin, Fried, Sekiya, Kekina & Fairbanks have won Super Lawyers recognition. Honolulu Magazine’s Best Lawyers in Hawaii includes four of our lawyers—who have won twenty prestigious Lawyer of the Year Awards, including multiple Lawyer of the Year recognition for Plaintiffs medical malpractice law..
Tip 3: Review Case Results and Testimonials
A reliable way to gauge the effectiveness of a medical malpractice lawyer is by reviewing their past case results and client testimonials. Look for attorneys who have successfully secured significant settlements or verdicts for their clients. Positive reviews and testimonials can provide insight into the lawyer’s ability to handle cases similar to yours and their dedication to client satisfaction.
There is no substitute for a proven track record of court trial recoveries, not just out-of-court settlements. Cronin, Fried, Sekiya, Kekina & Fairbanks has obtained court awards of $24.7 million, $16.5 million, $9.4 million, and more medical malpractice cases.
Tip 4: Schedule a Consultation
Most medical malpractice lawyers offer free initial consultations. Use this opportunity to discuss your case and evaluate the lawyer’s approach. During the consultation, pay attention to how the attorney listens to your concerns, explains the legal process, and outlines a potential strategy. This meeting is crucial in determining if you feel comfortable and confident in their ability to represent you.
Tip 5: Assess Their Resources
Medical malpractice cases can be resource-intensive, requiring expert witnesses, extensive research, and thorough investigation. Ensure the law firm you choose has the resources to handle your case effectively. A well-established firm like Cronin, Fried, Sekiya, Kekina & Fairbanks has the infrastructure and network of medical experts needed to build a strong case on your behalf.
Tip 6: Consider Communication and Availability
Effective communication is essential throughout the legal process. Choose a responsive lawyer who keeps you informed about the progress of your case. During your initial consultation, ask about their preferred method of communication and how often you can expect updates. A compassionate attorney who prioritizes your needs will make you feel heard and supported during this challenging time.
Tip 7: Discuss Fees and Payment Structure
Understanding the fee structure is critical when hiring a medical malpractice lawyer. Most attorneys in this field work on a contingency fee basis, meaning they only get paid if you win your case. Ensure you discuss any potential costs and clarify how the attorney handles fees. This transparency will help you avoid unexpected financial burdens as your case progresses.
Contact Cronin, Fried, Sekiya, Kekina & Fairbanks
Hiring the best medical malpractice attorney in Hawaii for your case is crucial in seeking justice and compensation for the harm you’ve endured. By following these tips, finding a medical malpractice lawyer who is experienced, compassionate, and dedicated to achieving the best outcome for your case will be a breeze.
If you or a loved one has been a victim of medical negligence, don’t hesitate to reach out to Cronin, Fried, Sekiya, Kekina & Fairbanks. Our team is here to provide the support and expertise you need to navigate this difficult time and protect your rights.
For more information on how to find a good medical malpractice lawyer and to schedule a consultation with our team, visit our website or contact us today. We are committed to being the best lawyer for medical negligence cases and look forward to assisting you in your pursuit of justice.