Best Medical Malpractice Lawyers in Hawaii

About Medical Malpractice Law in Hawaii, United States

Medical malpractice occurs when a health care professional fails to provide the standard of care that a reasonably competent professional would have provided under similar circumstances, resulting in harm, injury, or death to a patient. In Hawaii, medical malpractice law allows patients who have suffered from negligent medical care to seek compensation through the legal system. This area of law covers a wide range of healthcare providers including doctors, nurses, surgeons, dentists, hospitals, and other medical professionals and facilities.

Why You May Need a Lawyer

People often require legal help with medical malpractice when they believe they have been harmed due to a healthcare provider's mistake, oversight, or negligence. Common situations where legal assistance is necessary include misdiagnosis or delayed diagnosis, surgical errors, improper medication or dosage, birth injuries, anesthesia mistakes, and failure to obtain informed consent. A lawyer experienced in medical malpractice can help you understand your rights, evaluate whether malpractice occurred, navigate complex legal processes, and assist in securing compensation for medical expenses, lost wages, pain and suffering, and other related damages.

Local Laws Overview

Hawaii has specific laws and procedures governing medical malpractice cases. These laws affect how, when, and whether a lawsuit can proceed. Notable aspects include:

• Statute of Limitations: In Hawaii, a medical malpractice claim generally must be filed within two years from the date the injury was discovered or should have reasonably been discovered. No case can be filed more than six years after the act of negligence, regardless of discovery.
• Pre-Litigation Screening Panel: Before filing suit, claimants must submit their case to a Medical Inquiry and Conciliation Panel (MICP) for review. This is required by Hawaii law and aims to resolve disputes without court litigation by providing an independent assessment of the claims.
• Comparative Negligence: Hawaii follows a modified comparative negligence rule, meaning compensation can be reduced if the patient is found partly at fault, but recovery is barred if the patient is primarily responsible.
• Damage Caps: Hawaii generally does not cap economic damages but caps noneconomic damages (such as pain and suffering) at $375,000 in most situations. There are some exceptions depending on the facts of the case.
• Expert Witness Requirement: Expert testimony is typically required to establish the standard of care and demonstrate how it was breached.

Frequently Asked Questions

What qualifies as medical malpractice in Hawaii?

Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, causing injury to a patient. This may involve misdiagnosis, errors during surgery, improper treatment, or medication mistakes.

How long do I have to file a medical malpractice claim in Hawaii?

Generally, you have two years from the date the injury is discovered or should have been discovered, and no more than six years from when the alleged malpractice occurred regardless of discovery.

What is the Medical Inquiry and Conciliation Panel (MICP)?

The MICP is a mandatory pre-litigation screening process in Hawaii where claims are evaluated by a panel of experts to encourage resolution before resorting to a lawsuit.

Do all claims require an expert witness?

Most cases require expert testimony to establish the standard of care and show how it was violated, except in very clear cases such as obvious surgical errors.

Are damages for pain and suffering limited in Hawaii?

Yes, in most cases Hawaii law caps noneconomic damages such as pain and suffering at $375,000, but economic damages like medical bills are not capped.

Can I sue a hospital as well as a doctor?

Yes, you may be able to bring a claim against both a medical professional and the facility if both parties contributed to your injury.

What is comparative negligence and how does it affect my case?

Comparative negligence means if you are partially at fault for your injury, your compensation will be reduced by your percentage of fault. You cannot recover damages if you are found primarily responsible.

What compensation can I receive in a medical malpractice case?

Victims of medical malpractice in Hawaii may be entitled to compensation for medical expenses, lost income, pain and suffering, and other related losses.

Do I need a lawyer to file a medical malpractice claim?

While not required by law, having an experienced medical malpractice attorney is strongly recommended due to the complexity of these cases and Hawaii’s unique procedures.

What if I cannot afford a lawyer?

Many medical malpractice lawyers in Hawaii offer free consultations and accept cases on a contingency fee basis, meaning you only pay if you win your case.

Additional Resources

For those seeking more information or assistance, the following resources may be helpful:

• Hawaii Department of Commerce and Consumer Affairs - Regulates healthcare professionals and handles licensing issues.
• Medical Inquiry and Conciliation Panel (MICP) - Administers the mandatory pre-litigation screening process for claims.
• Hawaii State Bar Association - Provides lawyer referral services and resources for consumers.
• Legal Aid Society of Hawaii - Offers assistance to those who may qualify for free or reduced cost legal services.
• Office of Consumer Protection - Offers information and help regarding consumer complaints in healthcare.

Next Steps

If you believe you may be the victim of medical malpractice in Hawaii, consider taking the following actions:

• Gather all relevant medical records and documentation about your care and injury.
• Consult with a qualified medical malpractice attorney to discuss your situation and determine the viability of your case.
• Be prepared to participate in Hawaii’s Medical Inquiry and Conciliation Panel process before proceeding to court.
• Do not delay, as time limits apply for filing a claim and failing to act promptly may forfeit your rights.
• Consider contacting local resources listed above for more information or to seek additional help.

Navigating medical malpractice claims can be complex. Working with an experienced attorney familiar with Hawaii’s medical malpractice laws can help guide you through the process and improve your chances of a successful outcome.