When we seek medical care, we place our trust in doctors, nurses, and healthcare professionals to provide safe and effective treatment. Unfortunately, mistakes can happen—and sometimes those mistakes lead to serious, life-changing consequences. If you or a loved one has been harmed due to Hawaii medical malpractice lawyer, you may have the right to pursue a medical malpractice claim.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. Not every unfavorable medical outcome is malpractice, but negligence may be present if:
A diagnosis was missed or delayed.
Surgery or treatment was performed incorrectly.
The wrong medication or dosage was prescribed.
A birth injury occurred due to improper care.
The provider failed to monitor or follow up appropriately.
Hawaii’s Medical Malpractice Laws
Every state has unique rules when it comes to medical malpractice, and Hawaii is no exception. Key points to understand include:
Statute of Limitations: In Hawaii, most medical malpractice claims must be filed within two years from when the injury was discovered, but no later than six years after the act of negligence.
Mandatory Pre-Lawsuit Process: Before filing a lawsuit, Hawaii requires patients to submit a claim to the Medical Inquiry and Conciliation Panel (MICP). This panel reviews the facts and attempts to resolve disputes before they go to court.
Expert Testimony: Most cases require testimony from qualified medical experts to show that the provider’s actions fell below the standard of care.
Why These Cases Are Challenging
Medical malpractice cases are often complex. Hospitals and insurance companies have teams of lawyers who work to minimize liability. Proving negligence requires gathering medical records, consulting with experts, and carefully building a case that shows exactly how a provider’s mistake caused harm.
How a Hawaii Medical Malpractice Lawyer Can Help
Working with an experienced medical malpractice attorney ensures you have an advocate who understands both the law and the medical complexities involved. A lawyer can:
Investigate the details of your case.
Work with medical experts to strengthen your claim.
Navigate Hawaii’s pre-lawsuit panel requirements.
Negotiate with insurance companies for fair compensation.
Take your case to court if necessary.
Protecting Your Rights
If you believe you’ve been the victim of medical negligence, don’t wait to seek legal guidance. The sooner you act, the more time your attorney has to gather evidence and build a strong case.