We trust our doctors to heal not hurt us. The repercussions of medical errors can be devastating, leaving you with unexpected physical, emotional, and financial burdens. Understanding your rights and legal options is crucial in seeking justice and compensation for your suffering, and that’s where our Honolulu Medical Malpractice Lawyers can help you!
At Cronin, Fried, Sekiya, Kekina & Fairbanks & Fairbanks, you can find guidance from an experienced medical malpractice lawyer who can guide you through this challenging journey and fight for the justice you deserve.
EXAMPLES OF MEDICAL MALPRACTICE IN HAWAII
Medical malpractice encompasses a range of scenarios where a healthcare professional’s actions or negligence lead to harm or injury to a patient. Such malpractice is a serious issue that can profoundly impact victims’ lives.
In Hawaii, like in any other state, medical malpractice can take various forms that can lead to injuries, worsened conditions, or even death. Understanding some of the following common examples of malpractice can help you recognize if you have been a victim and let you know if you need legal guidance.
MISDIAGNOSIS OR DELAYED DIAGNOSIS
One of the most common forms of medical malpractice is misdiagnosis or delayed diagnosis. This occurs when a healthcare provider fails to accurately or timely diagnose a medical condition, leading to delayed or incorrect treatment. Misdiagnosis can result in the preventable progression of a disease, unnecessary suffering, and significant complications.
SURGICAL ERRORS
Surgical errors encompass a range of mistakes that can occur during surgical procedures. These errors may include operating on the wrong body part, leaving surgical instruments inside the patient, anesthesia errors, and performing unnecessary surgeries. Surgical errors can lead to serious injuries, infections, and long-term complications.
MEDICATION ERRORS
Medication errors are another common form of medical malpractice. These errors can occur when healthcare providers prescribe the wrong medication, administer incorrect dosages, fail to consider potential drug interactions, or mislabeled medications. Medication errors can result in adverse drug reactions, worsened medical conditions, and other harm.
BIRTH INJURIES
Birth injuries are a distressing form of medical malpractice that can occur during pregnancy, labor, or delivery. These injuries may result from medical negligence, such as failure to monitor the fetus’s well-being, improper use of delivery instruments, or delayed emergency interventions. Birth injuries can lead to lifelong disabilities for the child and prolonged emotional distress and financial burdens for the parents.
ANESTHESIA ERRORS
Anesthesia errors can occur during surgery or medical procedures involving anesthesia administration. These errors may include administering incorrect dosages of anesthesia, failing to monitor the patient’s vital signs during anesthesia, or improper intubation techniques.
Anesthesia errors can result in serious complications, including brain damage, respiratory problems, and even death.
HOSPITAL ERRORS
Hospital errors encompass a wide range of mistakes or negligence that can occur within a hospital setting. These errors may result from inadequate staffing levels, insufficient training or monitoring of physician and staff competence, poor sanitation practices, failure to follow proper protocols, and communication errors among healthcare teams. Hospital errors can lead to patient injuries, infections, and prolonged hospital stays.
DEFECTIVE MEDICAL DEVICES OR PRODUCTS
In some cases, medical injuries can occur due to defective medical devices or products. This may include implants, prosthetics, medical equipment, or pharmaceutical products with manufacturing defects or design flaws. Patients who suffer harm due to defective equipment or products may have legal recourse against the manufacturers or distributors.
UNDERSTANDING STATUTES OF LIMITATIONS
Hawaii Revised Statutes Section 657-7 is the Hawaii statute of limitations. It states that the deadline for filing a medical malpractice claim is typically two years from the date of the injury or from when the injury should have reasonably been discovered, whichever comes first. The time for filing claims against government doctors and facilities may be different.
Filing within this timeframe is crucial, as exceeding it may result in the court dismissing your claim, regardless of its merits. Prompt action allows your medical malpractice attorney in Hawaii to conduct a thorough investigation, collect evidence, negotiate with the insurer, and build a strong case on your behalf.
There are several exceptions that may in some circumstances extend the time to file a claim, such for children, cognitively impaired, active duty military, and other situations. An experienced medical malpractice lawyer can assist you to determine the appropriate statute of limitation for you.
TYPES OF COMPENSATION IN MEDICAL MALPRACTICE CASES
In Hawaii, if you are a victim of medical malpractice, you may be eligible for various types of compensation. This compensation can include coverage for medical expenses, including past and future treatments related to the injury.
Additionally, you may receive compensation for lost income if you can’t work because of the injury. Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life may also be awarded.
However, it’s important to note that Hawaii imposes a $375,000 cap on pain and suffering cap on non-economic damages in medical malpractice cases. Fortunately, the cap does not apply to other kinds of economic and non-economic damages. Understanding the types of compensation available and navigating the legal process with the help of an experienced medical malpractice lawyer can ensure that you receive fair and just compensation for your injuries.
PROVING YOUR CASE AND THE ROLE OF A HONOLULU MEDICAL MALPRACTICE LAWYER
Successfully proving medical malpractice requires comprehensive evidence, including medical records, expert testimonies, and a thorough understanding of medical standards and protocols. An experienced Honolulu medical malpractice attorney can assist in many ways.
I. CASE EVALUATION
Your lawyer will conduct a detailed evaluation of your case to determine if there are grounds for a medical malpractice claim. This involves reviewing medical records, consulting with medical experts, and assessing the circumstances surrounding your injury or illness.
II. LEGAL EXPERTISE
Attorneys specializing in medical malpractice understand the complex legal standards and requirements necessary to prove a malpractice claim. They can navigate Hawaii’s specific laws and statutes related to medical negligence, ensuring that your case is filed correctly and within the statute of limitations deadline. Our office has handled more than a hundred medical malpractice claims.
III. MEDICAL EXPERT CONSULTATION
A lawyer will work closely with medical experts who can provide professional opinions and testimony regarding the standard of care expected in your situation. These experts can analyze medical records, procedures, and outcomes to determine if malpractice occurred and identify the persons and facilities that contributed to your injuries.
IV. GATHERING EVIDENCE
Attorneys gather evidence to support your claim, including medical records, diagnostic tests, treatment plans, and witness statements. They also investigate the circumstances leading to your injury, such as hospital protocols, staff qualifications, and potential errors.
V. ESTABLISHING NEGLIGENCE
To prove medical malpractice, it’s essential to establish that the healthcare provider breached the professional standard of care. Attorneys use evidence and expert testimony to establish the appropriate standard of care in your situation, then demonstrate how the provider’s actions or omissions deviated from accepted medical practices.
VI. DEMONSTRATING CAUSATION
A medical malpractice lawyer in Honolulu must establish a direct link between the healthcare provider’s negligence and your injuries or damages. This involves proving that the negligence directly caused harm that would not have occurred otherwise.
VII. BUILDING A STRONG CASE
Attorneys compile all relevant evidence, expert opinions, and legal arguments to build a compelling case on your behalf. They present this information effectively during negotiations with insurance companies and in court proceedings.
VIII. NEGOTIATION AND ADVOCACY
Attorneys negotiate with insurance companies to seek fair compensation for your injuries, including medical expenses, lost wages, pain and suffering, and other damages. They advocate for your rights and fight back against unethical insurers who offer lowball settlements to quickly dispose of your case.
IX. TRIAL REPRESENTATION
If a fair settlement cannot be reached through negotiations, attorneys are prepared to represent you in court. They present your case before a judge or jury, presenting evidence, cross-examining witnesses, and arguing for the compensation you deserve. Cronin, Fried, Sekiya, Kekina & Fairbanks & Fairbanks has tried medical malpractice cases in both state and federal courts, as well as arbitrations and mediations.
X. POST-SETTLEMENT SUPPORT
Even after a settlement or verdict is reached, attorneys can help navigate any post-settlement issues, such as medical liens, payment arrangements, or appeals. They do this to ensure that you receive the full benefits of your case outcome.
TAKE ACTION TODAY – CALL CRONIN, FRIED, SEKIYA, KEKINA & FAIRBANKS
If you believe you or a loved one has been a victim of medical malpractice in Honolulu, don’t wait to seek legal guidance. Contact Cronin, Fried, Sekiya, Kekina & Fairbanks & Fairbanks today for a compassionate and experienced team dedicated to fighting for your rights and helping you pursue the compensation you deserve.
Medical malpractice cases are among the most expensive and labor-intensive injury claims and lawsuits to investigate, prepare, and present. Therefore, we are selective about which cases we take on to make sure a Honolulu medical malpractice lawyer from our firm can provide meaningful value to you.
Schedule a free initial consultation with one of our lawyers, and let us help you determine if you have a case. Call us locally at 808-201-6625 or email us. Remember, your voice matters, and you deserve justice. Let us be your advocates in this challenging time.