Category: Medical Malpractice

The Hawaiian Islands are renowned for their natural beauty and peaceful atmosphere, but unfortunately, medical errors can occur anywhere—even in paradise. When healthcare providers in Hawaii fail to meet accepted medical standards, patients and families face not only physical and emotional trauma but also the complex legal challenges of seeking justice in a unique jurisdictional environment. Understanding Hawaii’s specific medical malpractice laws and your rights as a patient becomes crucial when negligence occurs.

Understanding Medical Malpractice in Hawaii

Defining Medical Negligence Under Hawaii Law

Medical malpractice in Hawaii occurs when healthcare providers deviate from accepted standards of medical care, resulting in patient harm. Hawaii’s legal framework requires proving that the medical professional’s actions or inactions fell below what a reasonably competent practitioner would have done under similar circumstances.

Essential Elements of a Hawaii Medical Malpractice Claim:

Healthcare Provider-Patient Relationship

• A formal doctor-patient relationship must have existed
• The relationship establishes the provider’s duty of care
• Documentation of the relationship through medical records
• Confirmation of treatment or consultation provided

Breach of Standard of Care

• The healthcare provider failed to meet accepted medical standards
• Comparison to what competent providers would do in similar situations
• Assessment based on Hawaii and national medical standards
• Evaluation of specialty-specific care requirements

Causation Between Negligence and Harm

• Direct link between the provider’s negligence and patient injury
• Proof that harm wouldn’t have occurred without the negligence
• Medical evidence supporting the causal relationship
• Expert testimony establishing the connection

Actual Damages and Harm

• Quantifiable physical, emotional, or financial harm
• Medical expenses and treatment costs
• Lost income and earning capacity
• Pain, suffering, and quality of life impacts

Hawaii’s Unique Medical Malpractice Legal Landscape

Pre-Litigation Requirements

Hawaii has specific procedural requirements that distinguish it from mainland jurisdictions:

Medical Inquiry and Conciliation Panel (MICP)

• Mandatory pre-litigation review process
• Panel consists of attorney, licensed physician, and neutral third party
• Review of case merits before court filing
• Opportunity for early resolution and settlement discussions

Certificate of Consultation Requirement

• Attorney must file certificate confirming medical expert consultation
• Expert must be licensed physician in relevant specialty
• Consultation validates potential merit of malpractice claim
• Required before accessing Hawaii’s court system

Statute of Limitations Considerations

Hawaii’s time limits for medical malpractice claims involve specific provisions:

Two-Year Filing Deadline

• Claims must be filed within two years of discovery
• Discovery rule applies when injury isn’t immediately apparent
• Clock starts when patient knows or should know of potential malpractice
• Exceptions exist for minors and incapacitated persons

Maximum Time Limits

• No claim can be filed more than six years after the negligent act
• Exception for foreign objects left in patients during surgery
• Continuing treatment doctrine may extend deadlines
• Fraudulent concealment can toll statute of limitations

Damage Caps and Limitations

Hawaii places specific restrictions on medical malpractice damages:

Non-Economic Damage Cap

• $375,000 limit on pain and suffering damages
• Applies to most medical malpractice cases
• Economic damages remain unlimited
• Cap doesn’t apply to intentional misconduct cases

Economic Damage Recovery

• No limits on medical expenses
• Full compensation for lost wages and earning capacity
• Recovery for future medical care needs
• Reimbursement for rehabilitation and therapy costs

Common Types of Medical Malpractice in Hawaii

Hospital-Based Errors

Hawaii’s major medical centers, including those in Honolulu, see various types of institutional negligence:

Emergency Department Mistakes

• Misdiagnosis of heart attacks, strokes, and other emergencies
• Failure to properly triage serious conditions
• Medication errors in high-pressure situations
• Inadequate monitoring of critical patients

Surgical Complications

• Wrong-site surgery despite safety protocols
• Surgical instruments left inside patients
• Anesthesia errors causing brain damage or death
• Post-operative infections from poor sterile technique

Medication and Pharmacy Errors

• Incorrect prescriptions and dosage mistakes
• Drug interactions not properly screened
• Pharmacy dispensing errors
• Failure to consider patient allergies and medical history

Obstetric and Gynecological Malpractice

Hawaii’s hospitals handle complex pregnancies and deliveries where errors can have devastating consequences:

Birth Injury Cases

• Cerebral palsy from oxygen deprivation during delivery
• Erb’s palsy from excessive force during birth
• Failure to perform timely cesarean sections
• Inadequate monitoring of fetal distress

Maternal Injuries

• Complications from improper delivery techniques
• Failure to diagnose pregnancy-related conditions
• Postpartum hemorrhage management errors
• Inadequate pain management during and after delivery

Cancer Diagnosis and Treatment Errors

Hawaii’s oncology centers face unique challenges in providing comprehensive cancer care:

Diagnostic Delays

• Failure to recognize cancer symptoms
• Misinterpretation of imaging studies and lab results
• Delayed referrals to oncology specialists
• Inadequate follow-up on suspicious findings

Treatment Errors

• Chemotherapy overdoses or incorrect drug combinations
• Radiation therapy targeting wrong areas
• Surgical errors during cancer operations
• Failure to monitor for treatment complications

Specialist Care Negligence

Hawaii’s medical community includes various specialists where malpractice can occur:

Cardiology Errors

• Misdiagnosis of heart conditions
• Improper cardiac catheterization procedures
• Medication management mistakes
• Failure to recognize cardiac emergencies

Orthopedic Malpractice

• Surgical errors during joint replacements
• Misdiagnosis of fractures and bone conditions
• Improper physical therapy recommendations
• Complications from spinal surgeries

Neurological Care Mistakes

• Delayed diagnosis of strokes and brain tumors
• Improper management of seizure disorders
• Surgical errors during brain and spinal procedures
• Failure to recognize neurological emergencies

Unique Challenges in Hawaii Medical Malpractice Cases

Geographic and Logistical Considerations

Hawaii’s island location creates specific challenges for medical malpractice litigation:

Limited Specialist Pool

• Fewer medical experts available locally
• Need to import mainland experts for testimony
• Higher costs associated with expert witness travel
• Scheduling challenges for depositions and trials

Medical Record Access

• Centralized healthcare systems on each island
• Potential delays in obtaining complete records
• Coordination between multiple healthcare facilities
• Electronic health record system variations

Inter-Island Medical Care

• Patients often transferred between islands for specialized care
• Communication challenges between healthcare facilities
• Coordination of care across multiple providers
• Transportation delays affecting emergency treatment

Cultural and Community Factors

Hawaii’s unique cultural environment affects medical malpractice cases:

Tight-Knit Medical Community

• Personal relationships between providers and potential expert witnesses
• Reluctance to testify against colleagues
• Professional courtesy considerations
• Small medical community dynamics

Cultural Sensitivity Issues

• Diverse patient population with varying cultural backgrounds
• Language barriers affecting communication
• Traditional healing practices and beliefs
• Cultural attitudes toward medical care and litigation

Building Strong Hawaii Medical Malpractice Cases

Expert Witness Development

Successful Hawaii medical malpractice cases require qualified expert testimony:

Local vs. Mainland Experts

• Hawaii-licensed physicians familiar with local standards
• Mainland experts with relevant specialty experience
• Academic medical center experts for complex cases
• Consideration of Hawaii’s unique medical environment

Qualification Requirements

• Board certification in relevant medical specialty
• Active practice experience in similar clinical settings
• Familiarity with Hawaii medical standards and practices
• Ability to testify credibly about standard of care

Medical Record Analysis

Comprehensive record review is essential for case development:

Complete Documentation Review

• Hospital records from all involved facilities
• Physician office records and consultation notes
• Laboratory and imaging study results
• Nursing documentation and vital sign records

Electronic Health Record Challenges

• Multiple EHR systems across Hawaii healthcare facilities
• Data integration and compatibility issues
• Audit trail analysis for timing of entries
• Communication between providers documentation

Damage Assessment and Life Care Planning

Hawaii’s cost of living affects damage calculations:

Economic Damage Considerations

• Higher medical costs compared to mainland markets
• Limited rehabilitation and specialty care options
• Transportation costs for mainland medical treatment
• Impact of geographic isolation on care access

Future Care Planning

• Availability of long-term care facilities in Hawaii
• Cost of importing medical specialists
• Family relocation considerations for ongoing care
• Quality of life factors in island environment

Hawaii’s Healthcare System and Patient Safety

Major Medical Institutions

Hawaii’s healthcare landscape includes several major providers:

The Queen’s Medical Center

• Primary tertiary care facility for Hawaii and Pacific region
• Teaching hospital with residency programs
• Trauma center serving multiple islands
• Complex patient population and high-acuity cases

Kaiser Permanente Hawaii

• Integrated healthcare delivery system
• HMO model affecting patient care decisions
• Electronic health record integration
• Preventive care focus and population health management

Straub Medical Center

• Full-service medical center in Honolulu
• Specialty care and surgical services
• Emergency department and urgent care
• Outpatient clinics and diagnostic services

Unique Healthcare Challenges in Hawaii

Geographic Isolation

• Limited access to specialized medical care
• Dependence on mainland medical evacuation
• Delays in emergency care for neighbor islands
• Communication challenges with mainland facilities

Provider Recruitment and Retention

• Difficulty attracting specialists to practice in Hawaii
• High cost of living affecting healthcare workforce
• Limited continuing education opportunities
• Professional isolation for some specialties

Compensation Available in Hawaii Medical Malpractice Cases

Economic Damages

Hawaii law allows full recovery of economic losses:

Medical Expenses

• Emergency treatment and hospitalization costs
• Surgical procedures and specialist consultations
• Rehabilitation and physical therapy
• Mental health treatment and counseling
• Future medical care and life care planning

Lost Income and Earning Capacity

• Wages lost during recovery period
• Reduced earning capacity from permanent disabilities
• Lost benefits and employment opportunities
• Business income losses for self-employed individuals
• Impact on military or government retirement benefits

Non-Economic Damages

Despite the $375,000 cap, non-economic damages provide important compensation:

Pain and Suffering

• Physical pain from medical malpractice injuries
• Emotional distress and mental anguish
• Anxiety and depression related to medical trauma
• Post-traumatic stress disorder from medical experiences

Quality of Life Impact

• Loss of enjoyment of life activities
• Inability to participate in Hawaii’s outdoor lifestyle
• Damaged relationships and loss of consortium
• Disfigurement and scarring affecting self-image

Special Damages Considerations

Hawaii’s unique environment affects certain damage categories:

Travel and Transportation Costs

• Medical evacuation to mainland facilities
• Family travel for treatment and support
• Ongoing transportation for medical appointments
• Costs of bringing specialists to Hawaii

Cultural and Lifestyle Impacts

• Inability to participate in traditional Hawaiian activities
• Loss of connection to ocean and outdoor lifestyle
• Impact on extended family (ohana) relationships
• Cultural healing and spiritual practice limitations

The Role of a Hawaii Medical Malpractice Attorney

Local Knowledge and Experience

Effective representation requires understanding Hawaii’s unique legal and medical environment:

Hawaii Court System Familiarity

• State and federal court procedures
• Local rules and practice requirements
• Relationships with judges and court personnel
• Understanding of jury composition and attitudes

Medical Community Understanding

• Knowledge of Hawaii’s healthcare providers and systems
• Relationships with local medical experts
• Understanding of standard practices in Hawaii
• Familiarity with inter-island care coordination

Case Investigation and Development

Comprehensive case preparation involves multiple specialized tasks:

Evidence Preservation and Collection

• Medical record preservation from multiple facilities
• Expert witness identification and retention
• Investigation of institutional policies and procedures
• Analysis of communication between providers

Damage Quantification

• Life care planning for ongoing medical needs
• Economic analysis considering Hawaii’s cost structure
• Vocational rehabilitation assessment
• Quality of life impact evaluation

Working with Cummings Law Hawaii

Experience and Expertise

With over 25 years of experience in personal injury and medical malpractice law:

Proven Track Record

• Over $47 million recovered for clients
• Successful resolution of complex medical malpractice cases
• Experience with Hawaii’s unique legal requirements
• Comprehensive understanding of medical negligence issues

Client-Focused Approach

• Personal attention from experienced attorney Brian Cummings
• No attorney fees unless case is successful
• Regular communication throughout the legal process
• Compassionate support during difficult recovery period

Resources and Support

Complex medical malpractice cases require significant resources:

Expert Witness Network

• Access to qualified medical experts
• Local and mainland specialist consultations
• Ability to bring experts to Hawaii for depositions and trial
• Comprehensive case development support

Investigation Capabilities

• Thorough medical record analysis
• Institutional policy and procedure investigation
• Technology resources for case development
• Coordination with medical professionals and consultants

Moving Forward After Medical Malpractice

Physical and Emotional Recovery

Legal action supports comprehensive healing:

Access to Quality Care

• Compensation enables best possible medical treatment
• Specialist consultations and advanced therapies
• Rehabilitation services and supportive care
• Adaptive equipment and home modifications

Emotional Healing and Support

• Professional counseling for medical trauma
• Support groups for malpractice survivors
• Family therapy for relationship impacts
• Cultural and spiritual healing practices

Long-Term Planning and Security

Successful resolution provides foundation for future:

Financial Security

• Medical expense coverage for ongoing needs
• Income replacement for lost earning capacity
• Educational opportunities and career retraining
• Family support and independence preservation

Quality of Life Restoration

• Adaptive equipment for disability accommodation
• Home modifications for accessibility
• Transportation solutions for ongoing care
• Recreational and social activity participation

Prevention and Patient Advocacy

Patient Rights in Hawaii

Understanding your rights helps prevent medical errors:

Informed Consent Rights

• Right to understand all treatment options
• Right to know risks and benefits of procedures
• Right to refuse or withdraw consent
• Right to ask questions and receive clear answers

Communication Rights

• Right to interpreter services
• Right to understand medical information
• Right to participate in treatment decisions
• Right to have family involvement in care

Safety Advocacy

Patients can help improve healthcare safety:

Active Participation

• Ask questions about treatments and medications
• Verify identity and procedures before treatment
• Bring family members to important appointments
• Keep personal medical records and medication lists

Error Reporting

• Report concerns about patient safety
• Document unusual events or complications
• Seek second opinions for serious conditions
• Advocate for proper follow-up care

Conclusion

Medical malpractice can occur anywhere, including in Hawaii’s beautiful and generally peaceful environment. When healthcare providers fail to meet accepted standards of care, patients and families deserve justice and fair compensation for their suffering. Hawaii’s unique legal requirements and geographic challenges make it essential to work with experienced legal counsel who understands both the medical and legal complexities involved.

If you or a loved one has suffered harm due to medical negligence in Hawaii, don’t let the geographic isolation or complex legal requirements prevent you from seeking justice. The experienced team at Cummings Law Hawaii has the knowledge, resources, and commitment necessary to evaluate your case, fight for your rights, and help secure the compensation you deserve.

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.