Americans file about 17,000 medical malpractice suits each year. The smallest mistake by even the most qualified doctor could change your life. If you were the victim of a medical malpractice case, it’s important to fight for your best interests.
Otherwise, you might lose the chance to receive compensation for your pain and suffering.
It’s important to note that laws are different in every state. Here’s everything you need to know about Hawaii medical malpractice claims. With this guide, you can learn everything you need to know to pursue your claim.
Let’s begin!
Statute of Limitations
Before we discuss the specifics involved in Hawaii medical malpractice cases, it’s important to consider the statute of limitations.
The statute of limitations determines how much time you have to file your lawsuit. If you let the deadline come and go, it’s likely the court will only dismiss your case. Instead, it’s important to file your lawsuit before that time lapses.
According to the Hawaii Revised Statutes, the Hawaii statute of limitations for a medical malpractice case is two years after discovering the injury.
Once you determine you were injured due to medical malpractice, the clock will start. You’ll need to file your lawsuit within two years from that date. However, the law also states you can’t file the lawsuit six years after the act that caused the injury or death.
This six-year timeframe is also known as the statute of repose.
Sometimes, a medical error won’t cause an immediate injury. Sometimes, the mistake won’t cause a patient’s death until years after they initially receive treatment.
There are exceptions to the statute of limitations. It helps to have a medical malpractice attorney explore your case to ensure you file your claim before the Hawaii statute of limitations lapses.
Submit an Inquiry
Before you can file your Hawaii medical malpractice case, you’ll need to submit an inquiry. According to Hawaii’s laws, the plaintiff must submit an inquiry to a medical inquiry and conciliation panel. The panel must include one lawyer and one licensed physician.
When submitting an inquiry, make sure to include the facts you’re basing your claim on and the name of the health care provider involved.
To submit your inquiry, you’ll need to pay a $450 fee. Certain situations will allow you to either wave or reduce your claim. Again, it helps to have a lawyer experienced with medical malpractice Hawaii laws to ensure you complete this process correctly.
Once you file the inquiry, the panel will give all necessary healthcare providers notice. The health care professionals involved in your case will also have the chance to file a written response to your claim.
Then, the panel will determine a date to review the evidence and hear from any relevant witnesses. After this process, the panel will make a decision. If they make a favorable decision, then you can file an official medial malpractice lawsuit.
Certificate of Consultation
When filing your inquiry with the panel, you’ll also need to complete a certificate of consultation. This certificate states that you consulted a licensed physician who works in the same specialty as the defendant. The statement also states that there’s a reasonable and meritorious basis for your medical malpractice claim.
There are certain exceptions. For example, you might have a difficult time obtaining this certificate if you couldn’t find the right consultation despite good faith. Your attorney can help you if you can’t obtain your certificate of consultation.
Professional Negligence
In order to win your medical malpractice Hawaii lawsuit, you’ll need to provide professional negligence. In Hawaii, the law states that professional negligence is based on:
- Providing professional service without the patient’s informed consent
- A medical error or omission caused by a health care provider’s medical service
- The fact that the medical service caused death, damage, or an injury
If you can’t prove professional negligence, you’ll have a hard time winning your case.
Compensation Caps
Many states limit the type of compensation you can receive from an injury-related case. In Hawaii, the cap applies to non-economic damages, including:
- Pain and suffering
- Loss of future wages
- Future medical costs
- loss of consortium
- Loss of enjoyment of life
For example, pain and suffering damages are limited to $375,000 in Hawaii.
However, there’s no limit on your ability to earn compensation from:
- Medical treatments (prescription fees, medical bills, nursing costs, and physical therapy costs)
- Diminished earnings
- Lost income
You’ll need to calculate and prove your financial losses for your case. Make sure to have copies of your medical bills and other pertinent documents ready.
Expert Witnesses
In order to make your case, you’ll need an expert witness. Your expert witness will establish the nature of your claim. At trial, they’ll discuss how your standard of care was lacking.
An expert witness can also help provide your medical team failed to display a requisite degree of skill or knowledge for the sake of your treatment.
Litigation
Eight out of 10 cases go to trial for medical malpractice. In many cases, however, the physicians prevail. Understanding the litigation process can help you prepare for the road ahead.
First, you’ll need to initiate the case by filing your complaint. The defendant ha 20 days to answer the complaint.
In the meantime, you’ll prepare for litigation. This often involved the discovery process, which can include:
- Written interrogatories
- Physical or mental examinations
- Production fo documents
- Deposition
You’ll need to complete a request for admission, too. These documents require the defense to answer questions in the affirmative or negative. Your lawyer can use the request for admission and the rest of your evidence to build your case.
Next, you’ll undergo the trial, allowing each side to present their evidence and make their case. The jury will then deliberate and return with their finding.
Hawaii Medical Malpractice: Making Your Case
Now that you understand how Hawaii medical malpractice lawsuits work, you can begin making your case. Don’t go it alone! Instead, consider hiring a qualified attorney to handle the complexities of your case for you.
Want to speak with a lawyer in Hawaii about your medical malpractice claim? Contact us today for the best in Honolulu!
