Best Professional Malpractice Lawyers in Hawaii

About Professional Malpractice Law in Hawaii, United States

Professional malpractice refers to negligent or improper conduct by a professional in their field of expertise, leading to harm or damages to a client or patient. In Hawaii, this area of law covers misconduct by professionals such as doctors, nurses, dentists, accountants, lawyers, architects, and other licensed specialists. The main objective of professional malpractice laws is to protect the public by holding professionals to high standards of care and accountability for their actions or omissions. Hawaii's statutes and court decisions provide the framework for pursuing a claim against a professional whose actions cause injury or financial loss.

Why You May Need a Lawyer

Common situations that may require legal help with professional malpractice in Hawaii include:

• Medical errors or misdiagnosis that result in injury or worsening health.
• Legal representation that leads to financial loss or a lost case due to the lawyer's negligence.
• Errors by accountants leading to audits, penalties, or financial loss.
• Architects or engineers providing flawed designs resulting in unsafe structures.
• Mismanagement of financial matters by financial advisors or brokers.
• Administrative errors by real estate professionals causing failed transactions or legal issues.
• Poor treatment by other licensed professionals who fail to meet accepted standards of care.

A qualified professional malpractice attorney can evaluate the merits of your case, help gather necessary documentation, ensure filings comply with legal requirements, and represent your interests in negotiations or litigation.

Local Laws Overview

In Hawaii, professional malpractice cases are governed by a combination of state statutes and case law. Key aspects include:

• Statute of Limitations: Hawaii law generally requires injured parties to file a malpractice lawsuit within two years of discovering the injury, but no more than six years after the alleged act or omission occurred. Certain exceptions may apply depending on the circumstances and the profession involved.
• Expert Testimony: Most malpractice cases require the testimony of an expert in the same professional field to establish the standard of care and show how the defendant's conduct fell below that standard.
• Pre-litigation Requirements: In medical malpractice cases, an inquiry may be required by the Medical Claims Conciliation Panel before filing a lawsuit in court. This panel reviews potential medical claims and may assist in resolving disputes early.
• Comparative Negligence: Hawaii follows a modified comparative negligence rule, meaning compensation may be reduced if the injured party is found to be partially responsible for their own harm.
• Damages: Plaintiffs may receive compensation for economic losses (such as medical bills and lost wages), non-economic losses (such as pain and suffering), and sometimes punitive damages if egregious misconduct is proven.

Frequently Asked Questions

What is considered professional malpractice in Hawaii?

Professional malpractice occurs when a licensed professional fails to provide services at the accepted standard of care for their field, resulting in harm or financial loss to a client or patient.

Who can be held liable for professional malpractice in Hawaii?

Doctors, nurses, lawyers, dentists, accountants, architects, real estate agents, and other licensed professionals may be held liable if their negligence causes harm.

How do I prove professional malpractice?

You must show that a duty existed between you and the professional, the professional breached that duty by not following accepted standards, the breach caused your injury or loss, and you suffered measurable damages.

What is the statute of limitations for filing a malpractice claim in Hawaii?

The typical deadline is two years from the date the malpractice was discovered, but not more than six years after the alleged act or omission. Exceptions can apply in certain cases.

Is expert testimony required in Hawaii malpractice cases?

Yes, expert testimony is usually required to establish the standard of care and to demonstrate how the professional's actions deviated from that standard.

What damages can I recover in a malpractice lawsuit?

You may be able to recover for medical expenses, lost income, additional treatment costs, pain and suffering, and in some cases, punitive damages.

Do I need to go through a special process before filing a medical malpractice lawsuit?

For medical malpractice, Hawaii law generally requires claims to be reviewed by the Medical Claims Conciliation Panel prior to filing a lawsuit in court.

Can I still recover damages if I am partially at fault?

Yes. Under Hawaii’s comparative negligence system, your compensation may be reduced by your share of fault, as long as you are not found to be more than 50 percent responsible.

How much will it cost to hire a professional malpractice attorney?

Many attorneys offer free consultations and work on a contingency fee basis for certain types of malpractice cases. It is important to discuss fee arrangements with your lawyer in advance.

What should I do if I suspect I am a victim of professional malpractice?

Preserve all related documents, seek a second opinion if medically necessary, avoid discussing your case publicly, and contact a qualified malpractice attorney as soon as possible to assess your options.

Additional Resources

You may find these Hawaii-based resources helpful for professional malpractice concerns:

• Hawaii State Bar Association
• Hawaii Department of Commerce and Consumer Affairs - Professional and Vocational Licensing Division
• Hawaii Medical Claims Conciliation Panel
• Office of Consumer Protection, Hawaii
• Hawaii Judiciary Self-Help Centers

Next Steps

If you believe you are a victim of professional malpractice in Hawaii, consider taking these next steps:

• Gather all records, contracts, correspondence, and notes related to your case.
• Document any evidence of harm, damages, or loss caused by the professional’s actions.
• Contact a lawyer who specializes in professional malpractice law in Hawaii for a consultation.
• Follow your attorney’s advice regarding deadlines, required steps, and settlement options.
• Do not delay, as strict time limits apply for filing malpractice claims.

Seeking skilled legal guidance is crucial to protecting your rights and achieving a fair outcome when professional standards are not met in Hawaii.