Category: Medical Malpractice

Did you know that medical malpractice causes over 2.6 million deaths each year? As a result, millions of patients around the globe suffer due to unsafe medical practices. And the most alarming part of the issue is that most of these deaths are avoidable.

Medical malpractice is a real threat to the safety of patients. People can be permanently disabled as a result. And sometimes, injuries prove fatal.

Unfortunately, there’s a lot of misinformation about medical malpractice lawyers. This is largely due to politicians and insurance companies playing down the severity of these types of cases. So today, were going to provide some clarity on medical malpractice.

This article will set the record straight on what medical practice is. And we’ll also cover the most common misconceptions in the field.

Medical malpractice is a serious matter, and we want to clear the air. So keep reading for the most common medical malpractice myths.

Medical Malpractice Explained

Before we begin, you may ask, what is medical malpractice? Medical malpractice is when a healthcare provider delivers improper treatment to a patient. Unfortunately, this negligent treatment often results in injuries.

A medical malpractice attorney works to help patients that doctors or hospitals have injured. A common example of medical malpractice would be a doctor prescribing you the wrong medication. An attorney would then represent you as you sue the physician.

Common Medical Malpractice Myths

Now let’s discern fact from fiction in the world of medical malpractice. There are many myths in the field, so lets break them down and explain why they’re incorrect.

Medical Malpractice Claims Raise Healthcare Costs

Many people think that medical malpractice claims raise the cost of healthcare for everyone. But, this is simply a myth because of a few different factors.

Insurance, litigation, and payouts account for less than one percent of medical costs. So, medical malpractice is not responsible for rising healthcare costs. Instead, factors like pharmaceutical inflation are more likely the cause.

Medical Malpractice Lawyers Are All the Same

Some argue that all medical malpractice lawyers provide the same services. This is untrue. And its important you find the proper attorney for your case.

Not every medical malpractice lawyer is a good fit for your case. Certain attorneys specialize in specific areas of malpractice.

For example, your lawyer may specialize in surgery mistakes. So ensure they have the experience needed for your case.

Medical Malpractice Victories Pay Big

Another common myth is that medical malpractice suits result in huge payouts. While this can be true, it is an uncommon occurrence.

Less than one percent of medical malpractice suits result in million-dollar payouts. And most victors are only compensated for their medical bills. 

Medical Malpractice Suits Are Trivial

There are many cases of unnecessary lawsuits occurring worldwide. And it has led to people believing that medical malpractice suits are mostly patients who want revenge. 

This is false, and we want to stress that medical malpractice is serious business. Dishonest doctors attempt to make cases against them appear minor. But only a small portion of medical malpractice cases are frivolous.

Medical Malpractice Lawyers Just Want Your Money

Upstanding medical attorneys will be there to genuinely help you. In fact, quality attorneys reject most malpractice cases. And most medical malpractice lawyers are highly careful about the cases they take.

In addition, only a small pool of healthcare professionals is targeted for suits. And about ten percent of the time, these individuals have been sued before.

Medical Mistakes Are to Be Expected

It is unacceptable for any healthcare patient to be put in harms way. Thats why this claim is both dangerous and incorrect. 

While complications during treatment are always possible, many cases of medical malpractice are completely avoidable. This is a fact admitted by the World Health Organization. In many malpractice cases, the doctor is entirely at fault.

Medical Malpractice Victims Only Want Money

Some believe medical malpractice victims are looking to get rich quick. But this is simply misinformation. Medical malpractice is real, and victims just want justice.

Victims of medical malpractice often have valid cases of documented negligence. They want to be rightly compensated for medical bills, rehabilitation, and therapy.

Medical Malpractice Suits Leave Doctors Broke

Some people seem that medical malpractice suits are destroying the healthcare system. But, as weve already mentioned, these suits only account for a sliver of medical costs.

Additionally, doctors dont always have to pay out of pocket, and most are protected by liability insurance. This insurance protects them from medical malpractice expenses.

Medical Malpractice Lawyers Are Too Costly

This is one of the most common myths in the field of law. Many people believe that lawyers are too expensive to help them get justice. But this is inaccurate!

Personal injury attorneys in medical malpractice are often paid a contingency fee. This means you only have to pay your attorney if you win the case. Plus, if you lose the case, you wont have to pay a cent for the attorneys services.

Medical Malpractice Cases Are Decreasing

This is technically a myth within a myth, as cases were truly decreasing a few years ago. But the COVID-19 pandemic opened up a historical can of worms.

The pandemic brought fear and confusion at the highest levels of medicine. Consequently, this caused an explosion of medical malpractice globally. According to medical and legal experts, there will be a surge in medical lawsuits like never before.

Contact Cummings Law for Help

We hope this article helped explain medical malpractice and its many myths. Most medical malpractice lawyers want to help victims win their cases.

If you believe a medical professional has injured you in Hawaii, we can help. We understand medical malpractice is a serious crime, and justice should prevail.

We specialize in personal injury and medical malpractice involving cancer cases. If you live in Honolulu and want to discuss your case, contact us today.

A 2019 study found that 90% of Americans trust their doctors. In an era where institutional trust has declined significantly, the medical profession seems to be an outlier.

However, sometimes people discover they misplaced this trust. Just one year before this study, CNBC reported that the third-leading cause of death in the US was medical error.

Medical malpractice is a substantial threat to many people. This malpractice can include the following errors:

• Misdiagnosis
• Medication errors
• Surgical errors
• Birth injuries
• Nursing home negligence

Fortunately, there’s a way to receive financial compensation for a medical malpractice case. You can hire a medical malpractice attorney to make your case to the court and receive restitution.

However, hiring a lawyer isn’t as easy as it sounds. How can you find the best lawyer to represent you in your medical malpractice lawsuit?

There are seven characteristics to look for when hiring an attorney. We’ll discuss these traits in this guide, so let’s jump right in!

1. Applicable Experience in Medical Malpractice

The first thing to look for when hiring an attorney is applicable experience. Has your lawyer ever taken medical malpractice lawsuits before? Is this a subject they specialize in?

There are a few ways to determine this. First, you can always ask the lawyer about their experience. If their answer satisfies you, you can proceed.

Or, maybe you’d prefer to dig a little deeper. In that case, you can also research the law firm’s credentials. You can find this information through your State Bar website.

2. Positive Reviews

Another way to discover your lawyer’s track record is to search for past client feedback. You can do this in several ways.

First, check your law firm’s website for client testimonials. Many people leave in-depth comments that detail how their lawyer handled their cases. If you see several glowing stories, that could be a sign to proceed with this firm.

However, it’s best not to stop at these testimonials. After all, a law firm’s website could curate its content to make a favorable impression.

Instead, consider exploring the Internet for broader online feedback. Search for online reviews that discuss your potential law firm’s performance.

Read through people’s reviews to determine if this firm seems reliable. If so, move on to the next trait.

3. Free Consultation

The next step is to contact the lawyer to relate the details of your case. To that end, you’ll need to schedule a consultation.

Most lawyers offer a free consultation for you to meet with them and tell your story. When you do so, remember to be completely honest about your case. This lawyer can only represent you well if you’re truthful about events.

Most firms offer free consultations for their potential clients. This way, it doesn’t cost you anything to shop around and see which lawyers you like best. If the lawyer charges for their consultation, it’s often best to look for another.

4. Affordability

Most people know the saying, “you get what you pay for.” But, that doesn’t mean you want to break the bank when hiring an attorney.

A medical malpractice lawsuit is often a drawn-out affair. The medical insurance company you sue can hold out longer than the average person. So, look for a lawyer with reasonable rates that you can afford.

5. Humility

It may sound strange, but humility is critical in a medical malpractice lawyer. Fighting a medical insurance company can be a lengthy and tenuous process. Your legal opponent has more resources and funding than you.

Most people don’t receive the sum they expect, even when they win big. So, when we say you need a humble lawyer, what we really mean is a realistic one.

A trustworthy lawyer will help you understand your situation and options. They shouldn’t make false promises by saying you have a “slam-dunk” case.

It’s best to resume your search if a lawyer makes grandiose claims. An arrogant lawyer rarely convinces the jury to take your side.

6. Patience and Compassion

We’ve already discussed that a medical malpractice lawsuit is a lengthy and strenuous process. As such, you need a lawyer who can go the distance.

Your ideal representative should keep their head cool when frustrations arise. This trait is especially critical in the courtroom. After all, what will the jury think if your lawyer loses their temper in the middle of proceedings?

Besides patience, your attorney should also display compassion. Do they care when you relate the details of your case? Does it bother them that your physician caused you to suffer harm?

Or, does this lawyer hear your case and think about how it could benefit them? Do they imagine their name in headlines as they take your opponent to task? Once you determine this, you can move on to the next trait.

7. Storyteller

In the summer of 2022, millions of Americans listened weekly to the Johnny Depp v. Amber Heard court case. People became addicted to the legal proceedings and the gossip that spilled out of the courtroom.

One critical source of this popularity was the lawyers for each side. These professionals not only presented facts and figures. Instead, they told stories about their clients and opponents in a way that made people care.

Your lawyer should do the same for you. They should present your story compellingly to get jurors to empathize with you. So, search for a lawyer who can tell your case in the best way.

Check Out Our Medical Malpractice Attorney Services

These seven traits can help you find your best medical malpractice attorney. If you live in Honolulu, we humbly suggest checking out our services!

Cummings Law is a preeminent practice that has helped our clients secure millions in lawsuits. Our founder, Brian Cummings, has a reputation for excellent negotiation skills and agile storytelling in the courtroom.

We also charge no attorneys’ fees or court fees until your case is complete. We understand the toll this process can take, and we don’t want to add extra pressure.

If these traits appeal to you, don’t hesitate! Schedule a consultation today to learn more.

Only a small number of medical malpractice cases are fought out in front of a jury. The cases that fail to make it to trial are generally settled outside of the courtroom through a settlement or dismissal. When the cases do make it to trial, the majority rule in favor of the physician rather than the victim. 

It’s important to hold medical professionals to a high standard. You should be able to trust your physician with your life, especially in life-threatening scenarios.

With the right lawyer in your corner, you can create a solid case against the healthcare professional. This will help to get justice for you or your loved ones’ unjust pain and suffering.

Continue reading to learn everything that you need to know about the term standard of care that gets mentioned quite often in medical malpractice lawsuits.

What Is the Standard of Care in the Medical Community?

Hawaii law requires all healthcare professionals to abide by a certain standard for patient care. This is a legal measure that protects medical professionals from unnecessary complications. It also protects their patients’ best interests.

It’s not a guide, suggestion, or list of options, but the sworn duty that a physician takes on when they see a patient. The Hippocratic Oath is a promise that a doctor makes to his or her patients. It means that they will act in an ethical manner when it comes to providing them with medical services.

It all boils down to the level of care that should be provided in a medical situation by a skilled professional in any given medical field. A physician’s rigorous education and training permit them to develop how they practice medicine. This standard of care that they adhere to is widely accepted throughout the entire medical community.

When a medical professional fails to provide the standard of care, it can cause serious harm to their patient. Thankfully, most doctors meet or exceed the standard of care. 

Not all medical errors are considered medical negligence. When you go to the doctor for treatment, there’s a chance that your problem will stay the same, get better, or get worse. A medical-related injury is considered malpractice when a doctor fails to uphold their standard of care.

Hawaii is a modified comparative fault state. If the patient is less than 50% responsible for the injury, they can claim damages. If they happen to be at fault by 51% or more, they could lose any compensation for their injuries. 

What Do You Need to Prove Medical Negligence?

There are four things that you need to be able to prove during a medical negligence case, including duty, breach, causation, and damage.

First, you must prove that the doctor-patient relationship took place. Once a doctor-patient relationship forms, the doctor is held accountable for their actions regarding the aforementioned standard of care.

Second, you must prove that the doctor failed to perform their duty. This failure to act causes a breach in the doctor-patient relationship and a violation of the trust that one must have with their medical team.

Third, you have to prove that the physician’s negligent behavior causes the injury. Causation is often times the most difficult to prove because some medical complications occur even when the physician is at or above the accepted standard of care.

Fourth, you have to prove how the injury disrupted your quality of life. Your medical malpractice lawsuit will provide you with compensation for damages from lost wages and your overall pain and suffering.

How Do You Validate a Standard of Care Violation?

Proving that a doctor deviated from the standard of care is essential for your case. Your medical malpractice lawyer will provide the court with an expert witness to take the stand. This witness is going to be a practicing physician in the same medical field as the physician in question.

This medical expert witness will give a testimony on what the standard of care was and how the defendant’s action (or inaction) caused a patient’s death or injury. Their testimony is used to determine causation because they have the exact type of training and skills as the physician you’re up against. They’ll be able to explain in layman’s terms what happened.

Why Is It Important to Have a Medical Expert Witness?

Not everyone has a medical background. This includes the individuals acting as judge and jury in your lawsuit.

The judge isn’t likely to be a doctor, and it’s possible that the jury members aren’t either. If this is the case, they don’t have the education and technical training that would allow them to understand the difference between the standard of care and deviations from this standard.

There are, however, instances in which your jury will be able to determine a deviation from protocol due to common knowledge. You may still need a medical expert to answer questions along the way, but it can negate the need for placing the expert on the stand.

Ready to Get Justice for Medical Malpractice?

Deviating from the standard of care is dangerous and can result in negligence and even death. You don’t have to struggle in silence with an injury you sustained while seeking medical treatment. If you or someone you loved was the victim of medical malpractice, don’t hesitate to reach out to an attorney.

Contact Cummings Law in Honolulu today to get the justice you deserve. We can help you get compensation for pain and suffering, along with lost wages, when you’ve been injured as a result of medical intervention. 

Do you know more than 250000 people die annually due to medical error-related cases? For survivors, medical malpractice results in severe, permanent injuries or disfigurations. If you or your loved one is a victim of the mistake or negligence of a medical practitioner, work with medical malpractice attorneys.

Whether it’s an elective procedure or emergency, we entrust our lives to medical professionals. While nurses and doctors offer top-quality medical care, slip-ups can alter a patient’s life. There’s a big room for error, including surgical errors, wrong prescriptions, or misdiagnoses.

If you suspect your sufferings are a result of a mistake or negligence in medical care provision, you might be entitled to compensation. By suing the institution or person for damages, you may be compensated for the pain, suffering, and damages sustained. But filing and pursuing a medical malpractice claim is not plain sailing.

This is why you’ll need to hire a specialist attorney who is adept with the process. Are you wondering why you should hire a medical malpractice lawyer? Here are 5 benefits of hiring an attorney.

1. They Are Experienced

A reputable medical malpractice attorney has been in the legal practice for years. They have worked on numerous cases and already understand the process during this time. They know the ins and outs of the legal system and any work necessary for a medical malpractice claim.

Keep in mind you can’t win the claim by possibly showing off the scars resulting from the malpractice. You’ll need to prove the case beyond reasonable doubt that your injuries resulted from the actions of a medical practitioner. And don’t forget the institution or party at fault will have experienced attorneys to defend them against the claims.

The attorney will diligently handle your claim by analyzing medical evidence and helping with the lawsuit. They will listen to your story and piece together what your life was pre, and post-injury to ensure they paint a vivid picture to the jury. Also, they will determine any breach in care by analyzing the available medical records.

An experienced attorney will gather all the necessary information and documents to improve the outcome of your case. Also, you’ll have peace of mind knowing an expert is handling the process for the best outcome.

2. Deal With Insurance Companies

If you’ve dealt with an insurance company before, you know how infuriating and intimidating they can be. This is no different with a medical malpractice claim. If you’ve never engaged with an insurance company before, you should hire a reputable medical malpractice attorney.

For most people, filing a claim in correspondence with the insurance company is overwhelming. You aren’t sure whether you should talk or even what you should say to adjusters. And don’t forget the wrong statement can implicate you to delay or deny you compensation.

Insurance companies are in business and want to maximize their profits. One way to achieve this is denying victims compensation and their pro adjusters are good at this. However, experienced medical malpractice attorneys are their match.

The attorneys already know the tricks used by insurers to deny victims compensation after working with them for long. Also, they have pro negotiation skills to ensure fair settlement during negotiations.

3. Determine the Value of Your Claim

It’s difficult to determine your claim value without background experience in medical malpractice. If you opt to do it your own, you might end up with a far too high or far too low figure. Both these extremities will negatively affect your claim.

An attorney will accurately determine your claim’s value based on their expertise and experience in the field. After listening to your story and confirming you have grounds for a claim, the attorney will calculate your claim’s value. They will come up with a settlement that will accurately reflect your sufferings, pain, and damages.

Also, the estimated settlement value will be backed with strong evidence and facts to maximize the chances of your claim success.

4. Negotiating for Settlement

To receive a settlement for your claim, you’ll need to negotiate with the party at fault, insurance, or their attorneys. In claim settlement, the goal is to maximize your payout and avoid lowball compensation. But do you have the negotiation skills to achieve this?

Reputable medical malpractice attorneys are pro negotiators. They know the negotiation tips and tricks to help their clients get a fair settlement. Also, they have matching skills to the insurance adjusters or the party at fault attorneys.

If you pick a reputable attorney, you also increase your chances of getting a favorable settlement. Their reputation precedes them, enhancing their ability to negotiate for a fair settlement. The attorney will develop a strong and winning negotiation strategy to win your case before your claim negotiations.

5. Represent You in Court of Law

The claim will proceed to a lawsuit if a fair settlement isn’t agreed upon during the negotiation stage. The attorney is committed to ensuring you don’t accept any lowball offer as compensation for the claim. Also, they are ready and willing to represent you in a trial in pursuit of a favorable settlement.

Experienced medical malpractice lawyers had represented clients in court before and won. They are proficient in filing for a lawsuit, handling all the paperwork, and arguing your case in front of a jury. They will build a strong case to prove negligence on the part of the at-fault party and follow the required standards in court.

This significantly increases your chances of getting a fair settlement in the case.

Hire Medical Malpractice Attorneys Today

Suffering due to medical negligence or mistake is not only devastating, but it can also affect the quality of life. While compensation can’t reverse your suffering, it can help relieve some financial pressures.

Are you looking for a medical malpractice lawyer in Hawaii? At Cummings Law, we got you covered. With over 20 years of experience, we help our clients with medical malpractice, personal injury, and car accident cases.

Contact us today for a free consultation.

 

As a patient, you should be able to trust your doctor or other medical professionals with your life. So, what happens when that trust is broken? You suffer from injuries that lead to lost wages and over-the-top medical bills. You are struggling with the changes in your life due to these catastrophic injuries. 

When you are the victim of medical malpractice and an injury occurs, it’s important to get in touch with a medical malpractice attorney immediately. 

Continue reading to learn more about malpractice lawsuits and when you should considering filing one.

What Is Medical Malpractice?

Medical malpractice is a type of personal injury lawsuit or claim where medical negligence or error caused a severe, life-threatening injury. For it to be a medical malpractice claim, it needs to have:

• A health professional with a duty of care
• A breach in the duty of care provided
• An injury due to this negligence
• A significant injury and life-changing

Several instances can translate to a medical malpractice lawsuit, including:

• Misdiagnosing or failure to diagnose a health problem
• Performing unnecessary surgeries or making surgical errors
• Birthing errors or preventable birth defects
• Administering the wrong medication or the wrong dosage of the right medication
• Disregarding a patient’s medical history 

All of these actions can lead to a severe personal injury or even a wrongful death situation.

Medical Malpractice Damages

Two types of damages can be collected in a medical malpractice case: economic and non-economic. 

Economic damages are meant to cover the lost income that becomes compromised due to the injury. The injury likely prevented you from going back to work. Now you have bills that are past due and the medical bills are piling up with no way to pay for them. 

With the compensation from the lost wages, you will be able to pay your bills and financially provide for your family for the foreseeable future. You might consider investing some of the funds for future use or set up trust funds for your children to make sure that they are provided for. 

Non-economic damages cover the things that don’t involve money, including:

• Pain and suffering
• Loss of consortium

The term “pain and suffering” refers to the mental and emotional trauma that occurs as a result of personal injuries, such as PTSD or insomnia. These things affect the quality of your life following the injury. The more severe the trauma, the more monetary compensation you will get to help ease that pain.

“Loss of consortium” comes into play where the injury is affecting those around you. If you were the victim of a serious, life-altering injury, it’s possible that you can no longer physically care for your family, your children, or your spouse.

You can use the funds from non-economic compensation to provide for your family’s needs such as child care, elder care, or spousal care. This will give you peace of mind that your family is taken care of. 

What Is Wrongful Death?

Wrongful death occurs when a patient dies due to the mistakes made by the medical professionals. Lawsuits of a wrongful death case are generally started by a representative of the deceased individual’s estate on behalf of the surviving family members. Losses that can be retrieved during a wrongful death lawsuit include:

• Pain and suffering of the victim
• Costs of medical treatments
• Funeral and burial costs
• Lost income and wages
• Lost inheritance 
• Loss of services provided by the deceased individual
• Loss of care provided by the deceased
• Loss of companionship
• Loss of consortium

These cases require a “burden of proof” that shows that the victim would’ve been fine if it wasn’t for the negligent behaviors of the doctor or hospital staff. The doctors and hospital staff took an oath to provide medical care to the best of their knowledge and abilities. When they get careless, their quality of care declines, accidents happen, and innocent people die.

Proving Malpractice Lawsuits

The party responsible for the injuries or death in this situation need to be held accountable for their actions. Due to their carelessness and recklessness, they caused pain and suffering to the victim. In Hawaii, a medical malpractice lawsuit can be brought on to anyone who caused a death due to negligence.

You have to prove that the responsible party performed medical care to some degree, but failed to perform at an acceptable standard of care. This refers to the breach of duty of care mentioned earlier. 

Proving the doctor-patient relationship is easy while proving the medical negligence resulted in injury is a little more complicated.

While you can represent yourself, it’s not recommended, especially if you don’t have a legal background. Things can get messy and your lawsuit can get thrown out if you aren’t careful. Your malpractice lawyer will be able to make a connection between your injuries and the doctor responsible. 

Your medical malpractice lawyer will have experts review your medical records. From there, they will be able to confirm that you received less than ideal care from the doctor or hospital staff. The expert witness will be able to determine if the healthcare team actually provided an acceptable standard of care.

Medical Malpractice Lawyer in Hawaii

Not only does the ideal lawyer for presenting malpractice lawsuits need to be board-certified, but they also have to have experience practicing medical malpractice law. If you are looking for someone who specializes in medical malpractice in Honolulu, Hawaii, look no further. At Cummings Law, our sole focus is on personal injury and medical malpractice cases. 

Contact Cummings Law today for more information about medical malpractice. We can get you the compensation that you deserve for the wrongful death of a loved one or an injury suffered at the hands of a medical professional.

Medical malpractice must be on doctors’ minds. More than 22,000 Americans die every year from doctors’ mistakes. Hundreds of thousands of others get injured or sickened from mistakes.

A personal injury can be overwhelming. But you shouldn’t panic. Hawaii medical malpractice laws are here to help you, once you know what they are.

How does the state of Hawaii define medical malpractice? What do you have to do in order to file a lawsuit? What do the laws mean for preparing your legal case?

Answer these questions and you can create a speedy and successful medical malpractice lawsuit. Here is your quick guide.

Definition of Medical Malpractice

Hawaii Revised Statutes Chapter 671 provides several important definitions for medical malpractice. Section 1 defines “health care provider” and “medical tort.”

A health care provider includes a physician, surgeon, or physician assistant. It also includes a health care facility and any employee that works for one.

Medical tort refers to negligence, non-consensual services, and errors in professional practice. There is no separate definition for “medical malpractice,” but the terms are interchangeable. An error can include the misdiagnosis of a medical condition.

The state of Hawaii describes informed consent in section 3. Medical professionals should give their patients accurate descriptions of their medical conditions and treatments.

They should detail the potential risks and complications of treatments. If someone gets injured because of an inaccurate description, they can file a lawsuit.

Review by a Medical Inquiry and Conciliation Panel

Hawaii Revised Statutes section 671-12 requires a plaintiff to submit to a panel review. The state of Hawaii has a medical inquiry and conciliation panel that investigates medical malpractice.

They must submit a statement detailing their claim and who was involved. The panel will then contact the other parties. Within twenty days, the health care provider must respond and request a hearing.

The hearing occurs independently of the court. But it is similar to a court hearing, in that the panel will consider the evidence and review essential documents. They can then issue a decision on whether the case should proceed to court.

Certificate of Consultation

Section 671-12.5 makes a further requirement for the plaintiff. They must consult with a licensed physician.

When they file their complaint with the inquiry panel, they must include a certificate. The physician must sign it and declare that they have found cause for the malpractice claim.

There are a few exceptions. A plaintiff can avoid submitting a certificate if the statute of limitations is pressing. They can also avoid it if the physician they tried to contact refused to speak to them.

The physician will remain anonymous to the defendant, so there is no fear of reprisal. If a plaintiff fails to provide a certificate without a good reason, the medical panel will reject their inquiry.

Statute of Limitations

Section 657-7.3 defines the statute of limitations for medical malpractice suits. No action can be brought against a medical professional more than two years after the victim discovers their injury.

The event that caused the injury must have occurred within six years of the lawsuit being filed. This deadline can get extended if the medical professional failed to disclose information about the injury.

Minors can receive an extended statute. If they were younger than ten, they have six years or until their tenth birthday. Whichever is longer applies to them.

Their deadline can get extended if their parent or insurer committed fraud. They can also receive an extended deadline if their injury was not discovered in time.

Cap on Damages

Section 663-8.7 limits the amount of money that a plaintiff can receive for pain and suffering to 375,000 dollars. Pain and suffering refer to the emotional toll of medical malpractice.

The plaintiff may suffer from distress and sadness from their injuries. A jury can award them with money to compensate for their negative emotions.

But the cap does not apply to economic losses. If the plaintiff lost job opportunities or had to pay money for treatments, they can receive more money.

How to Follow Hawaii Medical Malpractice Laws

Medical malpractice laws create a strong foundation for a case. The broad definition of health care provider means you can file a lawsuit against nearly any medical professional.

Review by the medical inquiry panel seems daunting. Yet it gives you time to gather evidence and prepare your strategy for trial.

You should hire a medical malpractice lawyer. But you should understand some things before hiring one. You should gather the facts about what happened and you should understand how the other side is preparing.

You should also talk to a doctor. The law requires you to have a signed certificate. But getting a medical evaluation from them can build your case.

Remember the statute of limitations. File your lawsuit very soon and don’t spend too much time on other endeavors. You can do more research on your case after your filing.

If the panel approves your claim, you can move to trial. The cap on pain and suffering means you should focus on your case on financial losses. Get exact dollar amounts for lost work and excess medical expenses.

Find a Honolulu Medical Malpractice Lawyer Today

Hawaii medical malpractice laws are carefully tailored. Medical tort cases can involve a range of health care providers and doctors’ mistakes.

But plaintiffs must submit to review from a medical inquiry panel. They must submit a certificate from a doctor affirming their case.

Nearly all cases must be brought within six years after the injury. Pain and suffering damages are capped at 375,000 dollars.

But the laws are helpful. They encourage you to create a strong and informative case.

Strengthen your case with a lawyer’s guidance. Cummings Law, PL serves the Honolulu area. Contact us today.

Every year in the United States, more than 40 million lawsuits are filed. These can be for a whole range of legal issues from workplace disputes to personal injury claims.

A large number of them are made against professionals working in the medical industry. In fact, medical malpractice claims pay out more than $3 billion every year in the US. 

So what is medical malpractice? In order to know whether or not you have a claim to make, you need to understand how the law defines medical malpractice. In that case, you’ve come to the right place! 

Read on for factors about medical malpractice that will tell you everything you need to know.

What Is Medical Malpractice? 

Defining medical malpractice properly is extremely important.

After all, medical staff are only human and they won’t always make the right judgment call. However, this doesn’t always mean you can sue for medical malpractice. There are three defining factors that qualify a malpractice case:

1. Violating the medical standard of care
2. Injuries caused by negligence 
3. Injuries resulting in significant damage

The medical standard of care is a standard that all medical professionals must stick to. This includes delivering appropriate medical treatment, diagnoses, and patient care. If a medical professional doesn’t meet this standard, you may have a negligence case on your hands. 

However, negligence does not always mean malpractice. To make a claim, you must have sustained significant injuries that would not have occurred if it weren’t for negligent care.

So you have to ask yourself: if the doctor had fulfilled their duty of care, would you have the same injuries? If the answer is no then you may have a case on your hands.

Finally, to complete your case, you must be able to prove the impact that your injuries have had on your life. This might include their impact on your quality of life, your ability to work, your financial stability, or your mental health.

Examples of Medical Malpractice

Perhaps the easiest way of understanding what is or isn’t medical malpractice is to look at some examples of when you might have a case. This includes: 

• Misdiagnosis or a failure to diagnose a condition (often as a result of ordering inappropriate tests or failing to recognize symptoms) 
• Misreading laboratory results or ignoring them completely
• Organizing unnecessary surgery for a patient
• Making errors in surgery
• Operating on the wrong area of a patient 
• Discharging a patient too soon
• Giving a patient medication that they are allergic to
• Administering the wrong dose of medication
• Not taking a proper patient history or ignoring parts of a patient’s history 
• Failing to order the proper tests required

In some cases, doing any of the above can result in serious injury to a patient. This might involve a condition worsening without treatment or it might result in an entirely new injury. If this happens you can look into filing a medical malpractice case.

Studies show that more than 250,000 people in America die as a result of medical errors or malpractice each year. If this happens, you may also have a wrongful death claim on your hands.

What Do You Do If You’ve Experienced Medical Malpractice?

What to know about medical malpractice isn’t just its definition. You also need a clear idea of what you should do if you become a victim of it.

In Hawaii, you have two years from the date of your injuries to file a medical malpractice claim. So you don’t want to wait around to get started.

For this, you will need as much evidence as possible to back up your claims. This can include: 

• Your medical history 
• The dates of your appointments
• A thorough record of tests, results, and treatments that you received
• Images of your injuries if this applies to your case
• Bills for the cost of any treatment (including corrective treatment for your injuries)
• Evidence to show the damage that your injuries have caused in your life

An experienced attorney can help you to put together your case. This can increase your chances of making a successful claim.

Getting Help from an Attorney

If you are planning to make a medical malpractice claim then it’s a good idea to have an experienced lawyer on your side. After all, you can be fairly sure that any hospital or medical professional will have their own lawyer. 

Before hiring a lawyer, gather as much information as possible about your case. This will help them to assess your options quickly. You should also put together a list of questions to ask a lawyer at your initial consultation. 

Remember, having a consultation doesn’t mean that you have to hire a lawyer. When looking for a lawyer to suit you, you should consider:

• Their experience dealing with medical malpractice cases
• What sort of resources they have at their disposal 
• How they manage their workload (for example, if they work alone or have a team supporting them) 
• How much they charge

Before embarking on a medical malpractice lawsuit, it is important to consider your budget. This can be an expensive process so you want to ensure that a payout will be enough to cover your legal fees.

Get Support Making a Claim Today

Understanding how to answer the question ‘what is medical malpractice?’ will quickly help you decide whether or not you have a claim to make. If you do, then it is a good idea to get support from an experienced lawyer as soon as possible. 

For more information or to start putting your case together, get in touch today. We’re here to help.

One of the leading causes of death in the U.S. is surgical error. 

Medical malpractice is no light issue. While it doesn’t always result in death, it can cause lifelong injuries and complications. If you’ve been the victim of medical malpractice, it’s probably your instinct to react immediately. 

There is a process to addressing malpractice, and it’s best to seek guidance when hiring a lawyer. You’ll want to find someone you can depend on. We know the process can be overwhelming. 

Luckily for you, we’re here to help. Make sure to keep reading below when searching for a medical malpractice lawyer. 

Gather the Facts

Your first step to winning a case is gathering all needed facts regarding the malpractice. Whether the case is about you or a loved one, don’t skip over any of the details. 

Find all documentation you’ve gathered from any clinic visits or hospitalizations. This should include visits you had regarding your initial issue that lead up to the case of malpractice and all visits to the hospital afterward. 

Your lawyer will want to know why you sought medical attention in the first place, and then you’ll be able to explain why you’re suing the doctor. 

Gather photos of any scars or injuries, including photos of your own and hospital scans. Collect hospital bills, and create a list of the names of doctors you’ve seen for your condition. 

Bring Your Own Questions

For an initial consultation, you’ll need to know what to ask your lawyer. Asking questions will help you gain needed information, and it’ll help you decide if you’ve found the best lawyer for your case. 

You’ll want to ask them how much experience they have with malpractice cases and how available they’ll be for you. It’s important you find a lawyer who will dedicate sufficient time and attention to your situation. 

As you provide your documentation, ask them what else you can do to prepare your case. They may advise you to hire other professionals to help with the case.

To gain a better sense of the timeline, you can also ask how long they think it’ll take to reach a settlement. If they’re unable to reach a settlement, guarantee the lawyer is prepared to file a lawsuit.

Medical malpractice law is a tricky world to navigate, but with the right lawyer, you’ll feel confident and secure. If something feels off about your lawyer, trust your gut. 

Understand How They Can Help You

A medical malpractice lawyer is helpful for a number of reasons. 

You’ll notice a good lawyer is a professional at communicating with insurance companies. We all know major companies can be difficult to get answers from, but your lawyer will know just what to do.

By them taking care of the insurance company, you’ll have more time to focus on your own responsibilities. It’ll be a relief.

Your lawyer will also work to get you the best settlement possible. Many cases end in settlements, and it’s important you don’t lose out on any possible money. 

When dealing with the claims, turn to your lawyer for help. They’ll help speed up the claim process, and they’ll be able to give you a great estimated outcome for your claim. 

See Who Else Is on the Case

In large law offices, it’s more likely than not that your lawyer won’t be the only one checking out your case. Ask to learn more about any other attorneys that’ll be involved.

This may seem odd to you but it helps even out caseloads. It will also save you money in the end. If you’re not comfortable with other people working on the case, you’ll end up paying more for one person to work on it. 

Don’t be afraid to inquire about a lawyer’s caseload before agreeing to work with them. Some lawyers may be so busy that they won’t give your case much effort. 

Understand Your Budget

Many people find themselves in a bind because they don’t budget money for the legal fees. Depending on how long it takes to piece your case together and negotiate with insurance companies, you could find yourself investing a lot of money into a lawyer. 

For many people, this financial investment is well worth it. The investment helps bring a sense of peace back to the family, and it may bring even greater financial reward. 

Be transparent with any potential lawyers about your financial situation. Ask them about any fees associated with your case. Settle this from the beginning. 

If you’re having trouble budgeting, reach out to family members to see if they’re able to help with any costs. Making small adjustments in your daily life will also help you save money.

Keep up Communication

As you work with your lawyer, make sure you keep an open line of communication. Ask your lawyer the best way to reach them, and see if they have preferred hours of the day for you to make a call. 

Keep a running list of questions that pop up as you work with your lawyer. They won’t always be available to help, but it’s important you take time to periodically check-in with them. 

If at any point you remember a significant detail or run into a problem, inform your lawyer. You’d be surprised at what random details help win a settlement. 

Steps to Hiring a Lawyer in the Case of Medical Malpractice

Hiring a lawyer in the case of medical malpractice is a daunting process. We are here to help make each step a bit easier with the above guide. Make sure to give it a thorough read.

Before your initial consultation, gather all documentation you’ll need for the case. Come prepared with a list of questions, and ask about any fees associated with the legal services. 

If you’re looking for a lawyer in Honolulu, Hawaii to settle a medical malpractice case, check out the rest of our site. Contact us today if you have any questions. 

Do you believe you’ve suffered a form of medical malpractice?

Doctors and other health care workers possess the duty to safeguard the health of the public. That often includes caring for patients with various conditions, ranging from the minor to the serious.

While many doctors and carers do their jobs well, cases of accidental negligence or intentional abuse do take place. When that happens, you should file a medical malpractice lawsuit.

But what constitutes medical malpractice claims? How do you know if you have a viable case?

Cummings Law is Honolulu’s top personal injury and medical malpractice law firm. Below, we’ll go into the 5 most common types of medical malpractice.

Keep reading to learn more!

Defining Medical Malpractice

What to know what constitutes medical malpractice? 

Malpractice occurs when a patient suffers from a doctor or other medical professional failing their duty to care for them in an adequately competent manner. It’s important to note that not all continued patient suffering comes as the result of medical malpractice.

After all, even doctors who treat patients to the best of their ability sometimes struggle to fight off the results of an injury or illness. Yet, some doctors neglect their duty to treat their patients. This comprises malpractice.

When you launch a medical malpractice lawsuit, your lawyer will seek to establish that a doctor (or medical carer) and patient relationship existed between you and the professional in question. Then, the attorney will demonstrate that your doctor was negligent and the negligence caused harm that led to specific damages, such as physical pain.

Civil vs. Criminal Cases

Before you launch a medical malpractice suit, you should know the difference between civil cases and criminal cases.

Why? Medical malpractice suits are civil cases, which means the other party won’t go to prison if you win. Instead, as in many other civil suits, you’re seeking compensation from them.

If you believe your physician has violated the law and deserves to be placed behind bars, consider pressing criminal charges against your physician as well. This will open a criminal case against them, which you can pursue alongside a civil lawsuit.

Types of Medical Malpractice Claims

So, what are the common types of medical malpractice? Want to know if you should call a lawyer?

Below, we’ll discuss the 5 most common types of cases a medical malpractice attorney handles. If your case matches any of the descriptions, you should phone Cummings Law to schedule a consultation. 

1. Surgical Procedure Mistakes

Have you recently undergone a procedure in which a surgeon made a mistake? Have you experienced a serious infection after your surgery?

Surgeons have a responsibility to keep their patients safe while on the operating table. They need to implement their procedures adeptly, ensuring no one becomes hurt. Yet, sometimes, injuries on the operating table occur, and these injuries count as medical malpractice. 

Some people also experience infections after surgery. If you’re one of them, there’s a chance the infection came about as a result of your treatment. As such, you can pursue a medical malpractice lawsuit.

2. Failure to Treat a Patient

Did you entrust your health to the care and expertise of a medical provider only to have them fail to treat you or select an improper treatment?

Competent physicians should have the ability to diagnose and select treatments for their patients. If the doctor failed to choose a treatment or chose one that no other adequate doctor would have chosen, you have suffered medical malpractice and should contact a personal injury attorney.

A doctor’s failure to give a patient crucial instructions regarding follow-up care or releasing them from the hospital too early also constitutes medical malpractice.

3. Delayed Diagnosis or a Misdiagnosis

Your health and well-being are important. That’s why doctors have a duty to properly diagnose you. 

If your doctor delays your diagnosis for any reason other than additional testing for clarification purposes, they put your health on the line. In that time, your condition could grow worse, and you might have increased difficulty in fighting your condition.

Alternatively, if your doctor misdiagnoses you due to mislabeled test results or a mistake in testing, you should consider a medical malpractice claim. Medical practitioners must be able to perform their jobs well, and you should not have to suffer for their mistakes.

4. Prescription Problems

Did your doctor prescribe you the wrong medication or diagnosis? Did they fail to tell you of any potential interactions with your other drugs?

There’s a reason prescription drugs aren’t available over the counter, and that’s because these medicines should only be used in specific dosage when recommended by a doctor.

In addition, your physician should not fail to tell you about any adverse interactions with your other medications.

If a doctor prescribes the wrong dose or medicine, it could have ill effects on your body. That’s why you should consider filing medical malpractice claims against any physician who has given you an inaccurate prescription or fails to anticipate negative interactions.

5. Injuries in Childbirth

Have you or your newborn baby suffered an injury as the result of childbirth? 

Birth puts both the lives of the mother and the child in the hands of a gynecologist and nursing staff.

If you have received subpar prenatal care, found out too late that you have a life-threatening condition, or the doctor or nursing staff improperly handled tools or your infant, you should pursue compensation via a medical malpractice claim.

Have You Suffered from Medical Malpractice?

If you’ve been the victim of medical malpractice, you probably want to know how to get compensation for your damages.

In this article, we’ve covered the top 5 most common medical malpractice claims. Should you still wonder whether or not your case qualifies, we recommend you phone a lawyer to find out.

Need a good recommendation? Here at Cummings Law, we provide top-notch legal representation to those who have suffered from medical malpractice. Call us today!

 

 

We come to doctors and medical practitioners when we are at our most vulnerable. We trust them to look after us, heal us when we are unwell, and guide us through uncertain times. In the vast majority of cases, this is exactly what they do.

Sometimes, however, doctors make errors. This is when examples of medical malpractice can occur.

A study conducted by The Johns Hopkins University School of Medicine over the course of eight years found that around 250,000 people die every year due to medical error.

This makes medical error one of the leading causes of death in the US.

These are just the especially grave cases. Many more instances of medical malpractice occur each year that do not result in death but can still have serious and traumatic consequences for those they affect.

This post will examine what exactly medical malpractice is, as well as some of the most common medical malpractice examples, and what to do if you or a loved one falls victim to such a distressing incident.

What is Medical Malpractice?

To understand medical malpractice we must first understand what is malpractice. Malpractice is defined as any “instance of negligence or incompetence on the part of a professional”.

Medical malpractice refers to malpractice – or a substandard level of care or professionalism – that is committed by anyone practicing the medical profession. This is not only limited to doctors but can include nurses, surgeons, gynecologists, specialists of all kinds, and even dentists.

In order for a medical malpractice claim to be successful, the patient must be able to prove not only that negligence occurred, but also that they were caused injury as a result of this negligence.

Common Examples of Medical Malpractice

There are a variety of different types of medical malpractice. Below are some of the most common examples.

1. Surgical Errors

Surgery is a painstaking process. It requires high levels of skill and focus, and sometimes, unfortunately, it can go awry. Because of the high-risk nature of many types of surgery, when surgical errors are made, the results can be particularly dire.

Some of the most common types of surgical errors include the use of nonsterile surgical instruments, leaving foreign objects inside a patient, performing an incorrect procedure, or even performing a procedure on the wrong patient.

2. Misdiagnoses

It is actually more common than you might assume for a patient to receive a misdiagnosis of their condition. In fact, a recent study found that around 1 in 20 adult patients seeking outpatient treatment receive a misdiagnosis each year. Often, this will only be a minor mistake, without any serious consequences.

Sometimes, however, a doctor’s misdiagnosis can lead to something more serious. Some ailments can become far worse or even fatal if not properly diagnosed. Common examples include cancer, pulmonary embolism, thyroid conditions, and Lyme disease. It is in serious cases such as these that patients often choose to take legal action.

3. Injuries During Childbirth

Having a baby should be a magical time in a mother’s life, but it can also be stressful, painful, and scary. A doctor’s role is to help take the very best care of both mother and child throughout the entire process, from the early stages of pregnancy through to the birth itself.

Unfortunately, sometimes mistakes are made which can cause significant and lasting damage to either mother or baby. These can include things such as shoulder dystocia, Erb’s palsy, hemorrhaging during labor, and oxygen deprivation to the baby.

4. Anesthesia Errors

To administer anesthesia requires high levels of knowledge, skill, and training. It is a vitally important component of a great many surgeries, and if it is not done correctly, the negative consequences can be significant.

Some errors that anesthesiologists can potentially make in the course of their duties include not giving enough anesthetic, giving too much anesthetic, or administering an anesthetic that the patient is allergic to, or should not be taking due to their medical history.

5. Delayed Diagnoses

Not unlike a misdiagnosis, a delayed diagnosis can potentially spell long term illness, or, in particularly severe cases, death, for the patients involved. A delayed diagnosis often happens when a doctor fails to see the telltale signs of a particular illness, mistakes it for another, or fails to order necessary tests to investigate until it is too late.

Again, in more serious cases such as cancer or lupus, this can result in years of potentially avoidable suffering, or even loss of life.

6. Hospital Infection

Hospitals should be sterile environments, and the instruments and equipment used in hospitals, and all medical settings, should be sterile as well. Sometimes, however, the state of a clinic, doctor’s office, or hospital turns out to be less than pristine. If the utmost care is not taken to sanitize, sterilize, and clean at every turn, infections can easily be acquired.

Infections can range from producing mild symptoms to having seriously adverse effects on the health of those who acquire them. Particularly serious infections, such as pneumonia or MRSA, can result in death, especially in the old or infirm.

7. Medication Errors

Part of the role of a doctor is to prescribe medication to patients. This is an important function, and a proper amount of care and medical expertise should go into every decision and prescription. A patient’s medical history, as well as their current illness, must be taken into account when a prescription is written.

When it happens that a doctor does not take the proper care when prescribing medicine to a patient, numerous problems may arise. The patient might be already taking a medication that may clash with or counteract their prescription. They might be allergic to the medicine suggested. Or they might be prescribed the wrong amount. All of which can result in a patient getting sicker, rather than better.

What to Do if You’ve Been Affected by Medical Malpractice

The full list of examples of medical malpractice is far lengthier than just the most common cases laid out here. If you suspect that your healthcare provider may be liable for medical malpractice, the first thing you should do is to get in contact with a lawyer, to see if you have a case.

If you’re looking for an attorney in Hawaii, here at Cummings Law we have years of experience with medical malpractice cases of all kinds. Get in touch today to see how we can help you fight your case, and get the justice you deserve.