We trust our healthcare providers with our well-being, expecting them to heal, not harm. However, medical errors can leave lasting physical, emotional, and financial burdens.
If you’ve suffered due to a healthcare professional’s negligence, understanding how to prove medical malpractice is critical to seeking justice.
In Hawaii, proving medical malpractice requires meeting specific legal criteria. This blog will explain the necessary elements to build a strong case and the steps you can take to increase your chances of proving negligence.
If you need guidance on how to prove medical malpractice for your claim, we can help! Contact our lawyers to discuss your case.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s negligent actions or failure to meet the accepted standard of care lead to patient injury or worsen an existing condition. While medical professionals strive to avoid mistakes, errors happen—and some can have life-altering consequences.
Some examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis,
- Surgical errors,
- Prescription medication mistakes,
- Failure to provide proper aftercare, and
- Birth injuries.
In Hawaii, like elsewhere, these mistakes can lead to serious injury or death, leaving victims or their families seeking answers.
Elements Required to Prove Medical Malpractice
Proving medical malpractice involves more than simply showing that you were harmed while under a doctor’s care. To succeed in your case, you must demonstrate that the healthcare provider was negligent, which led directly to your injury. You must prove the following four key elements.
Duty of Care
First, you must show that there was a doctor-patient relationship. This means the healthcare provider owed you a duty of care. In medical malpractice cases, this is often straightforward because doctors must provide care to their patients.
Breach of Duty
The next step is proving that the healthcare provider breached the accepted standard of care. Medical professionals are expected to follow the standards set by the medical community. If they deviate from those standards, they may have committed malpractice.
This is one of the more complex aspects of how to prove medical negligence, as it often requires expert testimony from other medical professionals who can testify about the appropriate standard of care.
Causation
It’s not enough to show that a healthcare provider made a mistake; you must prove that the breach of duty directly caused your injury. This element, called “causation,” can be challenging, especially if other factors could have caused your injury or condition. Proving causation often requires the help of medical experts who can explain how the provider’s negligence led to the harm you experienced.
Damages
Lastly, you must show that the medical error caused you harm. This can include physical injury, emotional distress, additional medical bills, lost wages, or other financial burdens.
How Hard Is It to Prove Medical Malpractice?
One of the most common questions is, How hard is it to prove medical malpractice? The answer depends on the complexity of the case. Proving malpractice can be challenging because it involves gathering substantial evidence and expert testimony to establish negligence. Medical professionals and hospitals often have strong legal defense teams, making it difficult for victims to pursue justice alone.
However, an experienced medical malpractice lawyer can guide you through the process and strengthen your case. At Cronin, Fried, Sekiya, Kekina & Fairbanks, our attorneys have decades of experience handling medical malpractice claims and can help you navigate these challenges.
Gathering Evidence for Your Case
One of the most important steps in how to prove medical malpractice is gathering evidence to support your claim. Evidence may include:
- Medical records documenting your condition before and after the malpractice;
- Testimony from expert witnesses who can speak to the breach of the standard of care;
- Testimony from family members or others who witnessed your suffering; and
- Any communication between you and your healthcare provider related to your treatment.
Having thorough documentation can significantly improve your chances of success in a medical malpractice case.
The Role of Expert Testimony in Proving Medical Negligence
In Hawaii, like in many states, expert testimony is often essential in proving medical malpractice. Before filing a medical malpractice lawsuit in Hawaii’s court system, Hawaii Revised Statutes section 671-12 requires that the prospective plaintiff submit an official inquiry to a medical inquiry and conciliation panel consisting of one attorney and one licensed physician.
Medical experts are typically called upon to review the facts of the case and testify that the healthcare provider’s actions fell below the acceptable standard of care.
According to Hawaii law, expert testimony is usually required to establish that the breach of duty directly caused the patient’s injury.
If you’re wondering how do you prove medical malpractice, working with medical experts is often the key to building a strong case. A skilled attorney can help you find reputable experts to testify on your behalf and strengthen your argument.
Statute of Limitations for Medical Malpractice Cases in Hawaii
Hawaii has a statute of limitations for filing medical malpractice claims. In general, you must file a claim within two years from the date you discovered or should have discovered the injury.
However, there are exceptions depending on the circumstances of the case, so it’s crucial to speak with an attorney as soon as possible to ensure the timely filing of your claim.
Seek Legal Guidance
Proving medical malpractice in Hawaii is not easy, but with the right legal team by your side, it’s possible to seek justice for the harm you’ve endured. At Cronin, Fried, Sekiya, Kekina & Fairbanks, we have the experience, resources, and dedication to help you through this challenging time. Whether you’re wondering how hard it is to prove medical malpractice or need assistance gathering evidence, our attorneys are here to support you.
If you believe you’ve been a victim of medical malpractice, schedule a free initial consultation with one of our experienced attorneys. Call or contact us online to learn how we can help you navigate the legal process. You deserve justice, and we’re here to fight for it.