Medical malpractice is a problem that has been plaguing the medical industry for years. A report by Johns Hopkins University School of Medicine found that malpractice suits since 2000 have cost over $40 billion. The average cost per malpractice suit? Around a whopping $2 million. A medical malpractice lawyers number one goal is always going to be helping those who need us during their darkest hour.
That means helping victims get the financial compensation and emotional support they deserve. Read on to learn more about what these professionals do and how they can help your case.
What Is Medical Malpractice?
The first thing you need to understand is malpractice itself. Medical malpractice is when a medical professional does not provide an adequate standard of care and it causes injury, death, or loss.
There are three types of malpractice:
Negligence: This type of malpractice refers to the actions (or inaction) by the defendant causing harm. It can be divided into different categories, like when they misdiagnose an illness, or when they don’t tell someone to see a doctor in time.
Standard of Care: Negligence can also be violating the “standard” of care. This “standard” is the level other professionals would perform under similar circumstances.
Breach of Contract: Did you have a signed medical agreement with your doctor to provide certain services? If he or she fails to do so it is a breach of contract.
If the medical professional did commit malpractice, you don’t automatically win. You have to overcome some hurdles before you win in court and get compensated.
Medical Malpractice Lawyers: Why Do I Need One?
Having an attorney on your side can make all the difference in court. A malpractice lawyer will work with you to find out if malpractice did indeed happen. They will also help figure out who is responsible and help protect your rights throughout the entire process.
A medical malpractice lawyer has access to medical experts who can validate your case and help strengthen it if an issue comes up. Sometimes, an insurer or even a judge will dismiss a claim because there is not enough evidence that will hold up in court.
An experienced malpractice lawyer knows what they are doing. They’ll put their years of experience fighting malpractice suits into action for you!
Types of Injuries That Can Be Caused by Medical Malpractice
Medical professionals are supposed to bring their patients back into good health—not cause them to suffer further. Unfortunately, there are many medical malpractice cases that involve some form of injury. Some examples include:
- Brain damage
- Loss of a limb due to a medical error
- Emotional trauma or distress
- Pain & suffering
- Mistakes during childbirth
- Financial losses such as loss of income due to injury
- A loved one’s unnecessary death
Other injuries caused by malpractice could be broken bones or surgical errors. They could also be serious conditions such as paralysis.
Emotional trauma includes a lot of problems, such as anxiety disorders and psychological issues. Often, it may even include PTSD (Post Traumatic Stress Disorder).
How to File a Claim for Medical Malpractice in Hawaii
If you think that your case might be about medical malpractice, talk with an experienced medical malpractice lawyer. With their help, you’ll be able to figure out if you should file a claim against negligent doctors. They will tell you what course of action needs to happen next.
Even if you think that you have a reason to sue someone, it is best to talk with a lawyer before doing anything. If you do not, this could lead to costly mistakes.
You can make mistakes when you are overcompensating for something the other party did. For example, if they are at fault, then you deserve full restitution. The last thing surviving family members want is to take responsibility for the medical malpractice when it was not their doing.
The Process for Filing a Claim and What You Should Expect
Surviving family members should be able to focus on more important aspects such as grieving the loss or trauma of their loved one. They will likely receive offers from insurance companies involved in order to stall or even undermine their claim.
The firm you work with should take care of these matters by negotiating directly with insurers on your behalf. Your lawyer will also gather evidence necessary to prove professional misconduct. Evidence may include test results, charts, audio/video recordings of examinations, and consultations.
Of course, no sum could ever pay for what was lost—and this is where experienced attorneys come into play yet again. Medical malpractice lawyers understand what insurance companies are willing to settle for.
Medical Malpractice in Hawaii
While medical practitioners also operate under errors and omissions liability coverage by their respective medical professional associations such as the Hawaii Medical Association (HMA). But this does not make them immune to due process, like getting sued.
Everyone deserves due process if they believe someone has done wrong on purpose or out of negligence towards themselves or their loved one. Due process is a right we all deserve and it’s important to remember that.
Hawaii’s Leading Medical Malpractice Lawyer: Help for Those Who Have Suffered
Losing a loved one or enduring pain due to medical malpractice can turn your world upside down. But Cummings Law is here for you and wants nothing more than for this pain of yours to go away.
Our medical malpractice lawyer, Brian Cummings, is dedicated to providing Hawaiians with the representation and guidance they deserve when facing malpractice in the medical field.
If you or someone close to you has been injured due to negligent conduct from a medical practitioner in Hawaii, please contact us immediately so he can start fighting on your behalf today!
