Introduction
Medical malpractice occurs when a healthcare provider’s negligence leads to patient harm. Hawaii has specific laws governing these cases, including requirements for proving negligence, filing deadlines, and compensation limits. Understanding these laws is crucial for anyone considering a malpractice claim.
This article provides an overview of Hawaii medical malpractice lawyer, helping patients understand their rights and legal options.
What Qualifies as Medical Malpractice in Hawaii?
Not every medical error qualifies as malpractice. Hawaii law requires proof that a healthcare provider failed to meet the accepted standard of care, resulting in harm to the patient.
Definition of Medical Malpractice
Medical malpractice in Hawaii occurs when a doctor, nurse, hospital, or other healthcare provider:
- Fails to diagnose a condition correctly
- Makes errors in treatment or surgery
- Prescribes the wrong medication or dosage
- Causes birth injuries due to negligence
- Provides substandard post-operative care
The Standard of Care in Hawaii
The standard of care refers to the level of skill and care that a competent healthcare provider would offer under similar circumstances. To prove malpractice, a plaintiff must show that the provider deviated from this standard, causing harm.
Hawaii’s Statute of Limitations for Medical Malpractice Cases
Hawaii law sets strict deadlines for filing malpractice lawsuits. Missing these deadlines can result in losing the right to sue.
General Filing Deadline
Patients must file a lawsuit within two years of discovering the malpractice or when they reasonably should have discovered it.
Absolute Time Limit (Statute of Repose)
Regardless of discovery, no malpractice claim can be filed more than six years after the negligent act. Exceptions exist for fraud or intentional concealment of malpractice.
Exceptions for Minors
For minors under 10, the lawsuit must be filed before their 10th birthday or within six years of the malpractice, whichever is longer.
Hawaii’s Medical Inquiry and Conciliation Panel (MICP) Requirement
Hawaii law requires all malpractice claims to go through the Medical Inquiry and Conciliation Panel (MICP) before proceeding to court.
Purpose of the MICP
The panel reviews evidence and encourages settlement discussions between the patient and the healthcare provider. It is a mandatory step before filing a lawsuit.
How the MICP Process Works
- The patient’s lawyer submits a claim to the panel.
- The panel reviews medical records and expert opinions.
- A hearing is held where both sides present their arguments.
- The panel issues a non-binding opinion on whether malpractice occurred.
While the panel’s findings are not legally binding, they can influence settlement negotiations or be used as evidence in court.
Damage Caps in Hawaii Medical Malpractice Cases
Hawaii law limits certain types of compensation in malpractice cases.
Economic vs. Non-Economic Damages
- Economic damages (medical bills, lost wages) have no limit.
- Non-economic damages (pain and suffering) are capped at $375,000.
Punitive Damages
Punitive damages, which punish the defendant for intentional misconduct, are rare in medical malpractice cases and require clear evidence of egregious behavior.
Proving Medical Malpractice in Hawaii
Winning a malpractice lawsuit requires proving four legal elements.
Duty of Care
The plaintiff must show that the defendant had a professional duty to provide medical care. This relationship is usually established by medical records.
Breach of Duty
The plaintiff must prove that the healthcare provider failed to meet the standard of care, such as misdiagnosing an illness or making a surgical mistake.
Causation
It must be shown that the provider’s negligence directly caused the patient’s injury or worsened their condition. Expert testimony is often needed to prove this.
Damages
The plaintiff must demonstrate real harm, such as medical expenses, disability, or emotional distress, caused by the malpractice.
Hawaii’s Expert Witness Requirement
Hawaii law requires medical malpractice plaintiffs to present expert testimony to establish negligence.
Who Qualifies as an Expert Witness?
An expert witness must be a licensed healthcare provider with experience in the same field as the defendant. Their role is to explain how the defendant’s actions deviated from the accepted medical standard.
How Expert Testimony Strengthens a Case
- Provides professional validation of the malpractice claim
- Helps jurors understand complex medical issues
- Increases the chances of a favorable verdict or settlement
Settlements vs. Trials in Hawaii Malpractice Cases
Most malpractice cases in Hawaii are resolved through settlements rather than trials.
Settlement Process
- The plaintiff’s attorney negotiates with the defendant’s insurance company.
- A settlement offer is made based on damages and case strength.
- If both parties agree, the case is resolved without going to court.
When a Case Goes to Trial
If a fair settlement cannot be reached, the case proceeds to trial, where a judge or jury decides the outcome.
Hawaii’s Good Samaritan Law
Hawaii has laws that protect healthcare providers who offer emergency medical care in good faith.
Who Is Covered?
Doctors, nurses, and first responders are generally immune from malpractice lawsuits if they provide emergency aid outside of a hospital setting, unless gross negligence is proven.
Steps to Take If You Suspect Medical Malpractice in Hawaii
If you believe you are a victim of medical malpractice, take these steps immediately.
Gather Medical Records
Request copies of your medical records to document your treatment history and any signs of negligence.
Consult a Medical Malpractice Lawyer
An experienced attorney can evaluate your case, advise on legal options, and navigate Hawaii’s malpractice laws.
File with the MICP
Your lawyer will submit your claim to the MICP before pursuing a lawsuit.
Be Aware of Legal Deadlines
Ensure your claim is filed within Hawaii’s statute of limitations to preserve your right to compensation.
Conclusion
Hawaii’s medical malpractice laws are designed to protect patients while ensuring fairness for healthcare providers. Understanding these laws helps victims navigate the legal system and seek justice for medical negligence.
If you suspect malpractice, consulting a qualified Hawaii medical malpractice lawyer is the best way to protect your rights and pursue fair compensation.
