Medical malpractice by a healthcare provider can have devastating consequences for patients and their families. In Hawaii, understanding the breach of duty of care is essential for anyone considering a medical malpractice claim.
This blog will explain medical malpractice in Hawaii, discuss relevant statutes, and provide examples of who could be liable for a breach of duty of care. Additionally, we will delve into proving a breach of duty of care and the importance of seeking professional legal assistance.
Understanding Medical Malpractice in Hawaii
Medical malpractice occurs when a healthcare provider’s negligent actions or omissions cause injury or harm to a patient. In Hawaii, medical malpractice claims are governed by specific statutes and court decisions that outline the legal standards and procedures for such cases.
Additionally, Hawaii requires that medical malpractice claims be reviewed by a Medical Inquiry and Conciliation Panel (MICP) before they can proceed to court. This panel reviews potential malpractice claims for the purpose of exploring informal resolution before court litigation.
The MICP process is advisory and is not binding. Medical malpractice claims in Hawaii often involve treatment at federal facilities, such as Tripler Medical Center and VA clinics. Claims involving the government are subject to different procedures and time limits. The key elements you must prove in a medical malpractice case in Hawaii are:
Duty of Care
A healthcare provider owes a duty of care to their patient by virtue of their relationship. This establishes an obligation to provide care that meets accepted medical standards, often called the standard of care because that is the level of care expected of a competent healthcare provider. This standard evolves with advances in medical knowledge and technology.
Breach of Duty
A provider breaches that duty by failing to meet the accepted standard of care. Breach occurs in many ways, but proving it involves showing that the provider’s actions or omissions deviated from what a reasonably competent and skilled professional would have done under similar circumstances. In other words, the provider did something that should not have been done or failed to do something they should have done.
Causation
The breach of duty of care must cause injury or harm to the patient. You must show that the patient’s injury was a result of the provider’s negligence. For example, if a patient with advanced terminal cancer saw a doctor and there was a one month delay in diagnosing that cancer, there would be no causation if the delay of one month made no difference in the patient’s outcome.
On the other hand, if there was a one year delay, and early treatment would have successfully cured the cancer, then there would be causation if the delay resulted in the loss of successful treatment options.
Damages
A patient must suffer actual damages, such as physical, emotional, or financial harm. Damages can include medical bills, lost wages, pain and suffering, disability, emotional distress, caregiver costs and other related expenses.
Who Are Potentially Liable Parties?
A breach of duty of care occurs when a medical professional fails to provide the standard of care that a reasonably competent and skilled professional would have provided under similar circumstances. This breach can lead to various parties being held liable in a medical malpractice case. Here are a few examples of potentially liable parties.
Doctors and Surgeons
Physicians who make errors in diagnosis, treatment, or surgery may be held liable for breaching their duty of care. Examples include performing surgery on the wrong body part, misdiagnosing a condition that a competent doctor would have identified, failing to timely test and diagnose a condition or failing to provide appropriate treatment.
Nurses and Medical Staff
Nurses and other medical personnel can also be liable if their negligence harms patients. For example, administering the wrong medication, failing to monitor a patient’s condition properly, or not following the prescribed treatment plan.
Hospitals and Clinics
Healthcare facilities can be held accountable for their employees’ actions and for failing to ensure a safe and sanitary environment. The institution may be liable if a hospital’s policies or lack of proper training contribute to a breach of duty of care, including issues such as inadequate staffing, poor maintenance of equipment, or unsanitary conditions.
Many hospitals and clinics are run by state and federal government agencies that may also be responsible. Procedures and time limits involving governmental entities may be different, so be sure to consult with an experienced medical malpractice attorney to determine whether the government is involved, and if so, what steps are required to preserve and pursue your rights.
Pharmacists
Pharmacists who dispense incorrect medications or dosages, leading to adverse patient outcomes, can be held responsible. This often occurs due to errors in reading prescriptions, incorrect labeling, or failing to check for potential drug interactions.
Breach of Duty of Care Examples
There are many ways for a medical professional to breach their duty of care, resulting in harm. Here are a few breach of duty of care examples:
- Misdiagnosis or delayed diagnosis. A doctor failing to diagnose a condition that a reasonably competent doctor would have identified. For instance, missing or ignoring signs of cancer or heart disease that could have been treated if diagnosed earlier.
- Surgical errors. Errors during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing unnecessary damage to organs or tissues. These mistakes can lead to severe complications, additional surgeries, or even death.
- Medication errors. Prescribing the wrong medication, incorrect dosage, or failing to account for patient allergies or potential drug interactions. These errors can result in adverse reactions, worsening of the patient’s condition, or new health problems.
- Failure to inform. Not informing a patient of the risks associated with a procedure or treatment. For example, failing to educate a patient undergoing surgery about potential complications or side effects.
How to Prove Breach of Duty of Care
Proving a breach of duty of care in a medical malpractice case requires thorough evidence and expert testimony. This process involves several critical elements.
Expert Testimony
Medical experts play a crucial role in establishing the standard of care expected in similar circumstances and demonstrating how the healthcare provider’s actions deviated from this standard. They can provide insights into what a reasonably competent and skilled professional would have done and whether the defendant’s actions constituted a breach of duty of care.
Experts can also identify objective sources that establish the standard of care, such as standards adopted by medical specialty groups, medical journal articles, published medical studies and medical textbooks.
Medical Records
Detailed and accurate medical records are essential for proving a breach of duty of care. These records provide evidence of the patient’s condition, the treatment provided, and any deviations from standard procedures. They help establish a timeline of events and demonstrate the impact of the provider’s actions or inactions on the patient’s health.
Documentation of Harm
It is important to document the harm or injury suffered by the patient, including medical bills, treatment records, videos, photos and other relevant documentation. This evidence illustrates the physical, emotional, and financial impact on the patient, supporting the claim for damages.
Legal Representation
Working with experienced medical malpractice attorneys is vital for navigating the complexities of these cases. Attorneys can help gather evidence, work with medical experts, and build a compelling case to prove the breach of duty of care. They can also negotiate settlements and represent the patient’s interests in court.
Contact an Experienced Hawaii Medical Malpractice Attorney
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we are committed to helping victims of medical malpractice hold negligent healthcare providers accountable. Our experienced attorneys understand the intricacies of medical malpractice law in Hawaii and are dedicated to securing the compensation our clients deserve. Contact us today to discuss your case and learn how we can assist you in pursuing justice.
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