Experiencing medical malpractice can be a traumatic and overwhelming event. If you or a loved one has been harmed due to the negligence of a healthcare provider, understanding how to file a medical malpractice claim is crucial.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we are here to guide you through the complex legal process with compassion and expertise.
This blog will explain how to file a medical malpractice claim in Hawaii and provide the information you need to seek the justice you deserve.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, resulting in harm to the patient.
Common examples include misdiagnosis, surgical errors, medication mistakes, and failure to diagnose a condition.
To file a successful medical malpractice claim, you must prove that the healthcare provider was negligent and caused your injury.
How to File a Medical Malpractice Claim in Hawaii
Filing a medical malpractice claim in Hawaii is important for anyone affected by medical negligence.
By following the steps outlined below and seeking the guidance of experienced attorneys, you can navigate this challenging process with confidence.
1. Consult with a Medical Malpractice Attorney
The first step in how to file a medical malpractice claim is to consult with an experienced medical malpractice attorney.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, our team will evaluate your case, determine if you have a valid claim, and guide you through the legal process.
During the consultation, be prepared to discuss the details of your medical treatment, the nature of your injury, and how it has impacted your life. An experienced attorney can provide you with an honest assessment of your case and explain the potential outcomes.
2. Obtain Medical Records
Collect all relevant medical records, such as treatment notes, diagnostic tests, and communications with healthcare providers.
These records are crucial for establishing the details of your treatment and identifying where the negligence occurred. In addition to your medical records, collect any related documents, such as prescription receipts, hospital bills, and discharge summaries.
Your attorney will review these records to build a comprehensive picture of your medical history and the specific errors or omissions that led to your injury. Your attorney can assist you in obtaining records.
3. File a Claim with the Medical Inquiry and Conciliation Panel (MICP)
In Hawaii, before you can sue for medical malpractice, you must file a claim with the Medical Inquiry and Conciliation Panel (MICP). The MICP will review your case and attempt to facilitate a settlement between you and the healthcare provider.
This process involves submitting a detailed account of your claim, including a summary of the alleged malpractice, medical records, and any expert opinions.
The panel, consisting of a lawyer, a healthcare provider, and any consultant called by the panel, will evaluate the evidence and seek resolution of your claim. If no settlement is reached, you can proceed with filing a lawsuit.
4. Expert Medical Testimony
Medical malpractice claims typically require expert testimony to establish that the healthcare provider deviated from the accepted standard of care.
Consultation with an expert is ordinarily needed before filing an MICP claim. Your attorney will help secure qualified medical experts to testify on your behalf. These experts will review your medical records and provide their professional opinion on whether the standard of care was breached and how this breach caused your injury.
Their testimony is crucial for demonstrating the connection between the healthcare provider’s actions and the harm you suffered.
5. File a Lawsuit
If the MICP process does not result in a settlement, the next step is to file a malpractice claim against a doctor, healthcare provider, or hospital in court. Your attorney will walk you through how to sue for medical malpractice.
They will draft and file the necessary legal documents, outlining your allegations and the compensation you seek. This process involves preparing a complaint that details the specific acts of negligence, the resulting injuries, and the damages you are claiming.
Once the lawsuit is filed, the discovery phase begins, where both parties exchange information and gather evidence to support their cases.
Throughout this process, your attorney will represent your interests, negotiate with the opposing party, and advocate for the best possible outcome on your behalf.
Hawaii Statutes and Requirements
Hawaii has specific statutes and requirements for filing medical malpractice claims. Though your medical malpractice attorney will make sure the laws are applied properly to your case, it is a good idea to have your own general knowledge:
Statute of Limitations
In Hawaii, you have two years to file a medical malpractice claim, starting from the injury date or the date you discovered it.
Many claims can not be filed more than six years after the date of the negligent act (Haw. Rev. Stat. § 657-7.3). However, there are many exceptions that can make your time limit longer or shorter.
It is best to consult with a medical malpractice lawyer to determine the statute of limitation applicable to your claim.
Pre-Litigation Requirements
As mentioned, you must first file a claim with the MICP before pursuing a lawsuit (Haw. Rev. Stat. § 671-12). Failing to go through this process may result in inability to pursue a lawsuit until this step is successfully completed.
Damages Caps
Hawaii imposes a cap on pain and suffering in medical malpractice cases, limited to $375,000 (Haw. Rev. Stat. § 663-8.7). Pain and suffering is a type of non-economic damage.
Your attorney can advise you of other types of non-economic damages that you may be entitled to receive. Economic damages, which include your actual expenses such as medical bills and income loss, are not capped and are awarded based on your actual financial need because of the injury.
Seeking Justice and Compensation
Understanding how to claim for medical negligence is crucial in securing the compensation you deserve. Compensation in a medical malpractice case can cover various damages, including:
- Medical expenses including costs for additional medical treatment, rehabilitation, and future medical care;
- Compensation for lost income and diminished earning capacity;
- Non-economic damages for physical pain, emotional distress, and loss of quality of life and other negative impact to well-being; and
- In cases of gross negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar conduct.
Your attorney can help you understand the actual value of your case so that you do not settle for less than what you deserve.
Why Documentation is Crucial
Thorough documentation is vital in how to file a medical malpractice claim. Keep detailed records of all interactions with healthcare providers, medications prescribed, and any symptoms or changes in your condition.
This information can be instrumental in building a strong case. Additionally, maintain a personal journal documenting your physical, emotional, and financial hardships resulting from the malpractice.
This can provide valuable insights into the impact on your quality of life and help substantiate your claim for damages.
Contact Our Medical Malpractice Attorneys at Cronin, Fried, Sekiya, Kekina & Fairbanks
Filing a medical malpractice claim can be daunting, but you don’t have to navigate this journey alone. At Cronin, Fried, Sekiya, Kekina & Fairbanks, we have extensive experience in handling complex medical malpractice cases.
We have successfully tried medical malpractice cases in both state and federal courts. Our compassionate team is dedicated to fighting for your rights and ensuring you receive the compensation you deserve.
Cronin, Fried, Sekiya, Kekina & Fairbanks provides support at every step.
If you need to know how to file a malpractice claim against a doctor, hospital, or other healthcare provider, or if you have questions about your specific situation, contact us today for a free consultation. Let us help you take the first step toward justice and recovery.
Loading...