Whether a delayed diagnosis, equipment malfunction, or doctor error, medical malpractice is almost always costly for patients. When a momentary oversight on the part of a healthcare professional leads to unnecessary injury, the physical, emotional, and economic toll on patients can be substantial. Victims of medical malpractice have the right to hold a negligent provider legally accountable and recover compensation for their suffering.
This blog post will discuss the average medical malpractice settlement in Hawaii and what patients should know about calculating the payout for malpractice cases.
Understanding the Average Medical Malpractice Settlement in Hawaii
In legal terms, medical malpractice is a type of personal injury claim. When a health professional harms a patient with negligent, substandard care, the patient can file a lawsuit to recover compensation for their damages.
Since 1990, the National Practitioner Data Bank (NPDB) has tracked medical malpractice cases nationwide. Each time a healthcare provider pays compensation for medical malpractice, it’s recorded in the NPDB.
So, how much is the average medical malpractice settlement in Hawaii?
From 2018-2023, the average payout for medical malpractice in the Aloha State was $633,860. This average came from the 215 malpractice payments recorded in Hawaii during that period. Be aware: this average varies widely from year to year, depending on the number of malpractice cases and the payment size. For example, the yearly average in 2023 was $490,000 across 46 malpractice payments. These averages are per practitioner so a case against more than one practitioner may have a higher recovery.
Factors Impacting the Average Settlement for Medical Malpractice
Calculating a medical malpractice settlement involves various factors that vary from case to case. Let’s walk through some key factors and how they can affect your potential compensation.
Severity of Injuries
The extent and severity of your injuries are among the most influential factors in a medical malpractice settlement. Generally, malpractice cases that lead to severe, long-lasting outcomes for a patient lead to higher compensation than those with minor, temporary effects.
Doctor’s Negligence
The degree of the medical professional’s carelessness or errors can also impact your settlement. Patients who suffer because a healthcare provider knowingly or repeatedly deviated from the accepted standard of medical care could receive more compensation than in situations where the oversights are less frequent or severe. In cases where a doctor acted with extreme and reckless disregard for safety, a patient could recover additional punitive damages to penalize these egregious actions.
Injury-Related Expenses
The financial costs of your malpractice injuries typically make up a significant part of compensation. This includes expenses for treating the injuries you suffered due to substandard care, such as:
- Pain management medication,
- Surgery,
- Physical therapy,
- Psychological treatment,
- Follow-up doctor visits,
- X-rays and MRIs,
- Assistive devices, and
- Home accessibility modifications.
Patients can also recover compensation for wages and employment benefits lost while recovering from their injury. If you suffer debilitating or permanent harm that prevents you from returning to your previous job, compensation for future lost wages or reduced earning capacity can also factor into your settlement.
Impact of Injuries
Settlements often consider the broader effect of a malpractice injury on a patient’s mental and emotional life. In legal terms, these are called “noneconomic damages.” Noneconomic damages aim to compensate a patient for the intangible emotional and psychological losses often resulting from a physical injury. These can include:
- Chronic pain,
- Physical impairment,
- Mental anguish,
- Disfigurement,
- Reduced enjoyment of activities,
- Psychological trauma, and
- Loss of quality of life.
Calculating these damages is a subjective process. However, patients with more debilitating or life-altering injuries typically have a stronger case for receiving this kind of compensation.
Be aware: Hawaii law caps the amount of damages for physical pain and suffering, which is one type of noneconomic damages, patients can recover in medical malpractice cases at $375,000.
Expert Testimony
Testimony from a medical expert is essential for proving a healthcare provider’s negligence and supporting your case for compensation. Like many other states, Hawaii requires patients suing for malpractice to have a qualified medical expert review their case and confirm their claim’s validity. An expert witness’s medical knowledge is also crucial for demonstrating how the defendant failed to act according to professional standards of care when treating you. The clearer this is, the more likely you’ll be able to recover the compensation you deserve.
If you have partial responsibility for your injuries, that can hurt the potential value of your settlement. Under Hawaii’s modified comparative negligence law, patients who share blame for their harm in malpractice cases can have their compensation reduced by their share of fault.
For example, consider a patient recently discharged from the hospital after surgery with the instructions to return for follow-up appointments every two weeks. However, the patient decides they don’t need to return since their recovery seems to be going well. Even though the patient misses their first meeting, the doctor fails to follow up. When the patient suffers complications from the surgery, they file a malpractice suit against the doctor for insufficient post-operative care. However, the court finds the patient 40% at fault because they failed to go to their follow-up appointments. The patient suffered $10,000 in damages, but their compensation award is reduced by $4,000 because they were 40% to blame.
Legal Representation
A skilled lawyer is one of the most crucial factors in a medical malpractice settlement. Malpractice claims are complex and highly technical. Making a convincing case for compensation requires deep knowledge of Hawaii’s personal injury law and practitioner negligence claims. Seeking support from an attorney experienced with the type of malpractice you suffered is one of the most effective ways to strengthen your claim. A medical malpractice lawyer can help:
- Build an informed legal strategy based on case law and the facts of your situation;
- Gather documentary evidence of your injury and its impact on your life;
- Identify a qualified medical expert to testify on your behalf;
- Calculate the full value of the economic and noneconomic losses you suffered;
- Represent you in settlement discussions and, if necessary, court; and
- Negotiate for you to receive the maximum compensation available.
Ultimately, a seasoned attorney is the best resource for protecting your rights and receiving just compensation.
Over Five Decades of Committed Advocacy inHawaii
If you or a loved one has been harmed by a medical professional’s negligence, you don’t have to fight for justice alone. For the past 50 years, the attorneys at Cronin, Fried, Sekiya, Kekina & Fairbanks have dedicated themselves to helping Hawaii’s community understand and exercise their rights after the betrayal of medical negligence. Our advocates have extensive experience with the many forms malpractice can take. We’ve fought to help clients recover millions of dollars in life-changing settlements and verdicts, and we’re prepared to help you. Contact our office today to schedule a free consultation.
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