Medical malpractice can have devastating consequences, both physically and emotionally. If you or a loved one has suffered due to a healthcare provider’s negligence in Hawaii, it’s crucial to understand what constitutes medical malpractice and how to determine if you have a viable claim.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we have been a cornerstone of the Honolulu legal community since 1973, securing significant settlements and verdicts for clients. We focus on medical malpractice cases, helping individuals who have suffered due to the negligence of healthcare professionals.
Let us help you understand Hawaii’s most common medical malpractice claims and what constitutes a valid, compensable claim.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional fails to provide the standard of care expected in their field, resulting in injury, harm, or death to a patient.
In legal terms, standard of care refers to the level of care and skill that a reasonably competent healthcare provider would provide in similar circumstances. If the provider fails to meet this standard and harm results, the injured party may have grounds for a medical malpractice claim.
In Hawaii, proving medical malpractice typically involves demonstrating three elements:
- Duty of care—the healthcare provider has a professional duty to treat you according to the standard of care;
- Breach of duty—the provider failed to meet this standard;
- Causation—the provider’s failure to meet the standard of care caused your injury; and
- Damage—this breach resulted in your damages.
You may have grounds for a medical malpractice claim if these elements are present.
Most Common Medical Malpractice Claims in Hawaii
Hawaii’s unique geography and healthcare system present specific challenges, but the types of medical malpractice claims seen here are similar to those nationwide. Below are the most common medical malpractice claims we see at Cronin, Fried, Sekiya, Kekina & Fairbanks.
1. Surgical Errors
Surgical mistakes are one of the most common malpractice claims in Hawaii. These errors can range from operating on the wrong body part to leaving surgical instruments inside the body.
Even minor errors during surgery can lead to infection, prolonged recovery, or life-threatening complications. Given the complexity and risk involved in surgeries, every procedure must follow strict protocols to avoid preventable mistakes.
2. Misdiagnosis or Delayed Diagnosis
A healthcare provider’s failure to correctly diagnose a condition can lead to delayed treatment, worsening of the illness, or unnecessary treatments.
For instance, failing to diagnose cancer or heart disease in time can be deadly. Misdiagnosis is among the most common malpractice claims because it often results in incorrect or inadequate medical care. According to studies, misdiagnosis is the leading cause of serious malpractice claims, accounting for nearly 33% of all claims in the United States.
3. Medication Errors
Medication errors are another common malpractice claim, including incorrect prescriptions, improper dosage instructions, or administering the wrong medication. These errors can lead to severe side effects, drug interactions, or even fatal outcomes. Medication errors in Hawaii can occur in hospitals, nursing homes, or pharmacies. Understanding what caused the error is essential in determining liability.
4. Birth Injuries
Injuries sustained during childbirth can have lifelong consequences for both the child and the mother. Common examples of medical malpractice in birth injury cases include the improper use of delivery tools, failure to monitor fetal distress, or failure to perform a timely C-section.
These errors can result in conditions such as cerebral palsy, Erb’s palsy, or other long-term disabilities. A birth injury claim may be warranted if a healthcare provider’s negligence leads to such an injury.
5. Anesthesia Errors
Administering anesthesia is a highly sensitive process that requires precision. Even the slightest mistake in dosage or monitoring can result in brain damage, asphyxiation, or death.
Common anesthesia errors include administering too much or too little anesthesia, failing to monitor the patient during surgery, or overlooking a patient’s allergies or medical history.
How Do You Know If You Have a Medical Malpractice Claim in Hawaii?
If you believe you or a loved one has been a victim of medical malpractice, the first step is determining if the healthcare provider breached the standard of care and if this breach caused your injury.
Consulting with an experienced medical malpractice attorney is essential in assessing your case. Here’s what you should do if you suspect malpractice:
- Collect medical records—these will provide critical evidence of the care you received;
- Document symptoms and treatment—keep a detailed record of the harm or injury you’ve experienced; and
- Consult an attorney—a qualified attorney can review your case and help you determine the strength of your claim.
Hawaii law also sets specific deadlines for filing a medical malpractice claim, known as statutes of limitations. According to Hawaii Revised Statutes Section 657-7.3, you must file your claim within two years from the date the injury was discovered or should have been discovered.
However, you cannot bring an action more than six years after the date of the alleged act of malpractice, regardless of discovery. Consulting with an attorney as soon as possible is critical to ensure the filing of your claim within this timeframe.
Examples of Medical Malpractice
The types of medical malpractice mentioned above are just a few examples of the most common medical malpractice claims that can result in serious harm.
Medical negligence can have life-altering consequences, whether it’s a surgical error, misdiagnosis, or anesthesia mistake. Our attorneys at Cronin, Fried, Sekiya, Kekina & Fairbanks are experienced in handling a wide range of medical malpractice claims. They can provide the guidance and support you need to pursue justice.
Seek Help from Experienced Medical Malpractice Attorneys in Hawaii
If you or a loved one has suffered due to a healthcare provider’s negligence, consulting with an experienced legal team is essential.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we understand the intricacies of medical malpractice law in Hawaii and have a proven track record of success in obtaining favorable outcomes for our clients. With decades of experience and multimillion-dollar results, we are prepared to put our knowledge to work for you.
Don’t wait to take action. Contact us today to schedule a consultation and learn more about your legal rights.
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