Category: Medical Malpractice

Did you know that medical errors are the third leading cause of death in America? Although US doctors receive some of the finest training and education in the world, they are still bound to make mistakes from time to time–some of which are costly.

If you feel that your condition has worsened since visiting a medical professional, you’re probably wondering whether or not it’s their fault. Is it possible that you are owed compensation for the damages you have suffered?

Medical malpractice law is incredibly complicated. In fact, medical malpractice cases are some of the hardest to win of all personal injury claims, which is why you’ll need a skilled attorney to win the fight.

To get a better sense of how medical malpractice law works, let’s take a look at the 7 most important things you should know about it. 

1. Standard of Care Is Key

Medical malpractice is defined as the breach of the standard of care you should expect from a medical professional. In other words, medical malpractice occurs when a medical professional behaves in a harmful manner that is also considered unreasonable given the circumstances. If another medical professional would not have made the same errors under the same circumstances, you have a case. 

2. Not All Medical Issues Count as Medical Malpractice

As much as we wish it were, medical care is not an exact science. There are times where errors may occur or your condition may worsen that do not qualify as medical malpractice.

For example, imagine that your doctor listened to your symptoms, ran the proper tests, and came to the conclusion that you had a specific illness. They then began to treat you for the illness that they reasonably believed you to have.

However, they were unaware of a few of your unrelated symptoms because you did not believe those symptoms were relevant. As a result, they did not know that the medication they prescribed would lead to adverse reactions. This is not technically medical malpractice, as the doctor behaved reasonably given the information they had available to them. 

3. Medical Malpractice Law Is Time-Sensitive

When the law is broken or your rights are infringed upon, your ability to act is always time-sensitive. This is referred to as the statute of limitations, which outlines how much time you have to file a claim or press charges.

In the state of Hawaii, you have two years from the time the medical malpractice occurred to pursue legal action. It is always best to start sooner rather than later.

4. Medical Malpractice Can Occur in a Number of Ways

There are a number of ways that medical malpractice can occur. Some of the most common are:

• Misdiagnosis, failure to diagnose, or improper prescribing practices
• Surgical operation on the wrong body part or wrong patient
• Improper surgical operation on the correct patient
• Misreading or mishandling of lab results
• Medical equipment or supplies left behind in the surgical site

As you can see, medical malpractice cases vary greatly. The best way to determine whether or not you have one is to consult a medical malpractice attorney.

5. You Must Prove Negligence

As we mentioned earlier, standard of care is a key component of any medical malpractice case. You can’t build a case on a bad medical outcome, alone. Instead, you need to prove that the medical professional in question behaved negligently in treating or operating on you.

Oftentimes, that negligence comes down to distraction. If a medical professional was not paying full attention while you were discussing your symptoms or did not review your family’s medical history, for example, this would be considered negligent. 

6. There Are Multiple Ways to Quantify Your Damages

When putting together your medical malpractice claim, you will need to be able to prove that you have suffered and quantify your damages in a tangible way. The more you are able to articulate your suffering and the damages owed, the more likely it is that you will receive the compensation you are asking for.

The most obvious way to quantify your damages is to compile your medical bills. Talk to the doctor who is treating you presently about future medical expenses they expect you to accrue. You may receive compensation for future bills that are related to your case, as well.

You can also include any lost income in your claim. What that means is that you can report any hours you missed at work due to the medical malpractice you’ve experienced. Alternatively, you can report a reduced income if your injury or illness has limited your ability to perform your normal duties.

Finally, you may be able to ask for additional compensation for your undo suffering. 

7. You Should Not Pursue a Medical Malpractice Claim Without an Attorney

Medical malpractice law is extremely nuanced and the legitimacy of your case can vary from region to region. Trying to fight your compensation alone is not advisable.

Instead, make sure that you hire an experienced attorney who has a proven track record. Not only does this increase your chances of winning your case but it also alleviates some of the stress involved with fighting a legal battle. 

Need a Medical Malpractice Attorney in Hawaii? 

Do you believe that you are suffering undo harm due to the negligence of a medical professional? Are you wondering if your experience qualifies as medical malpractice? 

Cummings Law in Honolulu is Hawaii’s leading law firm for medical malpractice law. We have fought thousands of cases and won millions of dollars for our clients over the years. 

If you are looking for a medical malpractice lawyer in Hawaii, contact Brian Cummings at Cummings Law. We will start you off with a consultation so that you are informed about your case’s standing before signing any contracts.

Can you sue a doctor for misdiagnosis? Well, let’s just give you a simple answer. 

Yes, you can! But you need to know more because if you’re going to do this, the more you know the better. 

In this article, we will cover what misdiagnosis is, how it is determined, compensation, and time limits. 

So if that sounds interesting, keep reading to find out more.

What’s Medical Misdiagnosis?

Medical misdiagnosis is a phrase that refers to an act, in which a specialist has diagnosed a patient incorrectly. Thus, a doctor examines a patient, diagnosed them with something that the condition is not, or makes a correction after a long-term delay.

Nobody expects to medicine to be perfect, or do they? In any case, it’s not. Medical specialists are not immune to error, and even though there are cases where medical misdiagnosis could have been completely avoided, but in some cases, it’s just an occurrence of life.

Nonetheless, misdiagnosis via negligence can be claimed as a medical negligence lawsuit. 

Can You Sue A Doctor for Misdiagnosis?

In order to determine the answer to the question of “Can you sue a doctor misdiagnosis?”, you need proof that the mistake of the doctor as a result of negligence, and not a considerable error. 

For you to determine this, you have to present the following:

Causation

First, you have to prove that the negligence has caused you harm. Causation is very difficult to present and requires negligence solicitors and expert witnesses to help your case. 

Duty Breach

Second, you need to show that doctor has violated his duty towards your care by providing below acceptable diagnosis or treatment. Many factors play into standards of care, such as health, age, and existing conditions.

In any case, there are myriad of key points that must be covered when suing a doctor for misdiagnosis. This is particularly true because each negligence case is unique, thus one must speak with a misdiagnosis solicitor before even starting the suing process.

What Determines Misdiagnosis?

When it comes to a medical misdiagnosis, there are three primary categories, which cover the constitution of the error. However, these are just guidelines, and each case can have a misdiagnosis determination, which has been previously unheard of. 

So let’s take a look at the primary three:

Wrongful Diagnosis

This type of diagnosis occurs when a doctor provides a patient with a diagnosis of a condition that they had never had and thus prescribed medication which is unnecessary to their health process. 

Wrongful diagnosis can lead to many side-effects, and even long-term psychological suffering, which can prevent the regular course of life. Thus, you are entire to medical negligence compensation.

Complete Misdiagnosis

If a doctor fails to diagnose a medical condition with presence of symptoms, the complete misdiagnosis occurs. If they fail to identify cancer, internal bleeding, broken bones, infections, so on and so forth – your life is at stake, and this type of misdiagnosis also constitutes your deserving of settlement.

Delayed Diagnosis

A delayed diagnosis occurs when the symptoms have been diagnosed correctly but after a delay. And prolonging the harmful effects of a condition is just as bad as a complete misdiagnosis. 

Often, a patient comes to a doctor and complains about symptoms, which a doctor completely neglects. By the time they have been diagnosed correctly, other complications might arise. If you are a victim of delayed diagnosis, you need the help of an attorney.

How Much Compensation Can One Claim?

If you or someone you know has become a victim of misdiagnosis, you would like to know how much you can be compensated with. 

However, there is one thing to consider above all, and that’s the fact that no case is like another. Different patients, different misdiagnosis, injury severities, circumstances, and much more – contribute to the way, in which a claim is handled and settled.

But, most negligence claims are awarded compensation, based on key factors. Such as the nature of your injury/harm caused by misdiagnosis, the suffering you have experienced/ing, the daily life impact it has had, impact on longevity, length of recovery time after misdiagnosis.

You can also claim for income loss that you weren’t able to earn as a result of the diagnosis. The amount varies, but it should cover claims that could cover a high-income salary. Also, if the misdiagnosis leads to you not working in the future, a claim for that can be made as well. Each claimant will have different securities, thus different damages paid out during settlement.

Is There A Time Limit for Claims?

All medical negligence claims have a three-year time limit for claims to happen. The limit begins from the date of the occurrence, or the date of you becoming aware of the injury. 

It’s best to get in touch with medical misdiagnosis attorneys as soon as possible, because not acting on your claim until the last minute will make the lawsuit significantly harder to win.

If a child is a victim of misdiagnosis, a claim can be made on their behalf. If you cannot do that, they will have to make a claim when they turn 18. Nonetheless, the importance of claiming earlier than later cannot be stressed enough. In all cases, the settlement will be placed in trust until the child reaches 18 years of age.

Your Misdiagnosis Claim Success

Now that you know the answer to the question of “How can you sue a doctor for misdiagnosis?”, you are well on your way to claim success. 

Everything that’s left is the collection of evidence, effective work with a specialist attorney, and a little bit of patience. And after that, you can achieve your well-deserved compensation for the pain caused by the negligence of a medical expert.

If you’re interested in working with me, Brian Cummings, a medical malpractice attorney, get in touch with me and I will happily accommodate your needs.

We put a lot of trust into the hands of doctors and medical professionals. In some cases, we are very literally putting our lives into their hands. In return, medical professionals have a legal obligation to act with the appropriate amount of care. 

When a medical professional fails to exercise this amount of care, and damage to a patient’s results, they may be tried for medical malpractice. Not all mistakes a doctor might make will fall under the umbrella of malpractice, however.

For example, what about when a doctor provides the wrong diagnosis for an issue that a patient is facing? Are these possible grounds for a lawsuit?

Read on and we’ll walk you through everything that you need to know about medical malpractice and incorrect diagnoses. 

What Is Medical Malpractice?

There are a lot of requirements for a medical malpractice case to be brought forward. It’s important to mention that doctors can not be held legally responsible for all errors that occur in their care. Medicine, even modern medicine, can be incredibly difficult to get right.

It’s not the error itself the opens the grounds for a medical malpractice suit, but the behavior of a medical professional. 

In order to bring a lawsuit forward, a patient must prove three things.

Legal Requirements for Medical Malpractice

One, they must prove that a doctor-patient relationship existed between themselves and the medical professional. That is to say, a person could not sue because casual medical advice was given over the phone. 

A real and on-paper relationship between the two parties must have been agreed to on both sides of the equation. 

The second thing a patient must prove is the medical professional in question acted negligently. This means that a professional did not provide treatment that would be considered reasonably skillful or competent. The doctor did not provide treatment that was up to reasonable standards.

These standards are often established by bringing in a wealth of other medical professionals to judge the behavior of the doctor. If they find the actions that the doctor took (or didn’t take) to be below a reasonable degree of care, a lawsuit can be brought forward.

The final requirement is that this negligence produced an actual negative result. If a doctor acts negligently but there are no negative repercussions to their actions, a lawsuit can not be brought forward.

However, if their action or lack of action has caused injury to a patient, or worsened their condition, there are grounds for a medical malpractice lawsuit. 

All three of these conditions must be met to be able to find a medical professional legally responsible. It is the latter two that are often difficult to prove in a court of law.

Is Wrong Diagnosis Grounds for Malpractice?

Where does that leave a doctor who gives an incorrect diagnosis to a patient? As you might be able to assume from the above information, it really depends on the specific situation.

Whether a wrong diagnosis will be grounds for a medical malpractice lawsuit will vary on a case-by-case basis. In and of itself, a wrong diagnosis is not negligent. Even the best doctors in the world have the ability to make diagnoses that are later proven to be incorrect. It’s a more common occurrence than we like to think. 

This speaks to the great difficulty of practicing medicine. Even those who use a more than reasonable degree of care can still be wrong at the end of the day.

What is more important to look at is the steps that the medical professional in question used to arrive at their diagnosis. In normal situations, a doctor will make a list of a number of potential diagnoses based off the problems a patient is facing.

Through various forms of medical investigation, a doctor will whittle this list down to the most likely medical issue. The investigation itself can take many forms. The doctor might question the patient, take blood samples, or any wide variety of investigative procedures.

When Is a Doctor Negligent?

In what situations will an incorrect diagnosis be considered grounds for medical malpractice? This claim would hold water in instances where a doctor did not take reasonable care in arriving at their diagnosis. 

What if the true issue was never even on a doctor’s diagnosis list? If it can be argued that a doctor using reasonable care would of at least considered the correct diagnosis, one could argue for medical malpractice.

If a doctor failed to take the investigative steps that a reasonably responsible doctor would to prove or disprove a diagnosis? They could also potentially be found to be medically negligent. 

Of course, this negligence would need to have contributed to actual damage to the patient in order for a medical malpractice claim to hold up in court.

Misdiagnosis or delayed diagnosis does have the possibility of worsening a patient’s condition, but evidence must be provided that can prove that this link existed. One might be able to argue that undue anxiety, stress, and financial strain are damages that can be sued for in a court of law.

The exact success of this method would depend on the specifics of each case. You should always speak to an attorney to determine what steps are best to take as they pertain to your own situation.

Suing a Doctor for Malpractice

The wrong diagnosis or a delay in diagnosis has the ability to worsen a patient’s condition. Under some circumstances, as described above, a patient may be able to bring a medical malpractice suit forward against a medical professional for this reason.

Need help with your particular medical malpractice case? Give us a call anytime for a free consultation. 

About 250,000 people in the US die every year from medical errors. In fact, medical errors are the third-leading cause of death after heart disease and cancer. Other studies report the number of medical errors could account for 440,000 deaths each year.

If surgical errors caused you to sustain an injury or left you without a loved one, you might have a medical malpractice case. Despite how often surgery errors occur, there’s still a lot that people don’t know about these cases.

Keep reading to learn seven things you need to know about medical malpractice lawsuits for surgical errors. With this guide, you can prepare yourself for the process ahead. Read on to learn more!

1. What is Medical Malpractice?

First, it helps to have a better understanding of medical malpractice as a whole.

A surgeon isn’t necessarily liable for medical malpractice if a surgical error occurred. For example, there’s a chance the treatment you receive still adhered to acceptable standards of medical care. If you received sub-standard treatment, you’ll have to prove it caused harm to make your case.

Once you prove there was a surgical error and you received sub-standard care, you’ll need to prove the error caused bodily harm.

2. What are Surgical Errors?

In order to prove your case, you’ll also need to understand more about surgical errors. What constitutes a surgical error, exactly?

Surgical errors are preventable mistakes that occur during the course of medical surgery. However, all surgeries involve a little risk. You’ll likely have to sign a form before you begin surgery that states you understand the risks involved with that course of treatment.

Any mistakes beyond the known risks fall under surgical errors.

3. What Causes Surgical Errors?

There are a few different reasons a surgeon might make a medical mistake.

For example, there’s a chance your surgeon hasn’t performed that surgery many times before. As a result, they might lack the necessary skin to successfully perform the surgery, which indicates incompetence.

Sometimes, insufficient preoperative planning causes a surgical error. The surgeon shouldn’t rush into surgery unless it’s absolutely necessary or an emergency.

An inadequate work process can cause an error, too. After all, you wouldn’t want a surgeon to take shortcuts during an important surgery.

Your surgeon might also make a mistake if there’s poor communication between team members.

For example, what if your surgeon marked the wrong area to operate on? Someone might make a mistake about your medications or the equipment needed for your procedure as well.

Your surgical team might also make an error if they’re tired. Some surgeons even use drugs or alcohol to deal with the stress and fatigue, which might also lead to a mistake.

4. Medical Malpractice Examples

There are a few different examples of medical malpractice surgical errors, including:

• Administering too much/little medication
• Cutting into the wrong location
• Operating on the wrong patient
• Neglecting to remove all surgical equipment from the patient
• Injuring a nerve or nicking an artery during surgery
• Operating on the wrong body part

Understanding the specifics of your lawsuit can help you strengthen your case.

5. What Makes It a Case?

In order to make a claim, you’ll need to prove you had a relationship with the surgeon that caused your injury. You’ll also need to prove the injury caused damage.

Your lawyer will use expert medical witnesses to prove the extent of your injuries.

6. Statute of Limitations

It’s important to note that medical malpractice cases have their own statute of limitations. The statute of limitations, or time limit you have to file your case, depends on the state you’re in. You might have a difficult time filing your claim if the statute of limitations lapses.

In fact, the courts might dismiss your case altogether if it’s not filed in time.

With that in mind, it’s important to file your medical malpractice lawsuit as soon as possible.

However, you might not realize you’ve sustained an injury as a result of a surgical error until months after the surgery. In Hawaii, you have two years after discovering the injury to file your claim.

Once you recognize the injury, the clock starts ticking. You have two years from the day you discover the injury. However, you’ll need to consider the statute fo repose, too.

The statute of repose states that you can’t file a medical malpractice lawsuit six years after the surgery that caused the injury.

However, there are a few exceptions that will allow you to file your claim beyond this timeframe. Make sure to speak with a lawyer as soon as possible to file your lawsuit before time runs out.

7. Hire a Lawyer

If you’re filing a medical malpractice lawsuit for surgical errors, you don’t have to go through the process alone. Instead, consider hiring an experienced and qualified medical malpractice attorney.

Consulting a professional attorney before you file your case can help you avoid costly mistakes. Otherwise, you might find the claim is denied before you even go to trial.

Make sure to find a lawyer who has prior experience with medical malpractice claims. Their previous experience with surgery errors can give you an advantage. They’ll also remain up-to-date with any relevant and recent cases or procedures that could impact your case.

Before choosing an attorney, make sure to visit your local bar association’s website. Look for a lawyer who is licensed to practice currently. You’ll also want to choose someone with many years of experience under their belt.

What’s their track record like? How many surgical error cases have they won? What type of compensation do they usually win for their clients?

It can help to speak with the lawyer’s previous clients, too. That way, you can develop realistic expectations about what it’s like to work with that attorney. Ask about the client’s experience and if they experienced any problems throughout the duration of their case.

When you speak with the attorney, make sure they have strong communication skills. After all, you’re hiring the attorney to speak on your behalf. They’ll need strong written and oral skills to argue your case.

The attorney will state your case in front of a judge. Their argument can ensure you receive the compensation you rightfully deserve.

Stitching Up Surgical Errors: 7 Things to Know About Medical Malpractice Lawsuits

You don’t have to prove your medical malpractice lawsuit for surgical errors alone. Instead, consider consulting a lawyer. They can help strengthen your case to help you receive the compensation you deserve.

Eager to make your case? Contact our offices today.

Americans file about 17,000 medical malpractice suits each year. The smallest mistake by even the most qualified doctor could change your life. If you were the victim of a medical malpractice case, it’s important to fight for your best interests.

Otherwise, you might lose the chance to receive compensation for your pain and suffering.

It’s important to note that laws are different in every state. Here’s everything you need to know about Hawaii medical malpractice claims. With this guide, you can learn everything you need to know to pursue your claim.

Let’s begin!

Statute of Limitations

Before we discuss the specifics involved in Hawaii medical malpractice cases, it’s important to consider the statute of limitations.

The statute of limitations determines how much time you have to file your lawsuit. If you let the deadline come and go, it’s likely the court will only dismiss your case. Instead, it’s important to file your lawsuit before that time lapses.

According to the Hawaii Revised Statutes, the Hawaii statute of limitations for a medical malpractice case is two years after discovering the injury.

Once you determine you were injured due to medical malpractice, the clock will start. You’ll need to file your lawsuit within two years from that date. However, the law also states you can’t file the lawsuit six years after the act that caused the injury or death.

This six-year timeframe is also known as the statute of repose.

Sometimes, a medical error won’t cause an immediate injury. Sometimes, the mistake won’t cause a patient’s death until years after they initially receive treatment.

There are exceptions to the statute of limitations. It helps to have a medical malpractice attorney explore your case to ensure you file your claim before the Hawaii statute of limitations lapses.

Submit an Inquiry

Before you can file your Hawaii medical malpractice case, you’ll need to submit an inquiry. According to Hawaii’s laws, the plaintiff must submit an inquiry to a medical inquiry and conciliation panel. The panel must include one lawyer and one licensed physician.

When submitting an inquiry, make sure to include the facts you’re basing your claim on and the name of the health care provider involved.

To submit your inquiry, you’ll need to pay a $450 fee. Certain situations will allow you to either wave or reduce your claim. Again, it helps to have a lawyer experienced with medical malpractice Hawaii laws to ensure you complete this process correctly.

Once you file the inquiry, the panel will give all necessary healthcare providers notice. The health care professionals involved in your case will also have the chance to file a written response to your claim.

Then, the panel will determine a date to review the evidence and hear from any relevant witnesses. After this process, the panel will make a decision. If they make a favorable decision, then you can file an official medial malpractice lawsuit.

Certificate of Consultation

When filing your inquiry with the panel, you’ll also need to complete a certificate of consultation. This certificate states that you consulted a licensed physician who works in the same specialty as the defendant. The statement also states that there’s a reasonable and meritorious basis for your medical malpractice claim.

There are certain exceptions. For example, you might have a difficult time obtaining this certificate if you couldn’t find the right consultation despite good faith. Your attorney can help you if you can’t obtain your certificate of consultation.

Professional Negligence

In order to win your medical malpractice Hawaii lawsuit, you’ll need to provide professional negligence. In Hawaii, the law states that professional negligence is based on:

• Providing professional service without the patient’s informed consent
• A medical error or omission caused by a health care provider’s medical service
• The fact that the medical service caused death, damage, or an injury

If you can’t prove professional negligence, you’ll have a hard time winning your case.

Compensation Caps

Many states limit the type of compensation you can receive from an injury-related case. In Hawaii, the cap applies to non-economic damages, including:

• Pain and suffering
• Loss of future wages
• Future medical costs
• loss of consortium
• Loss of enjoyment of life

For example, pain and suffering damages are limited to $375,000 in Hawaii.

However, there’s no limit on your ability to earn compensation from:

• Medical treatments (prescription fees, medical bills, nursing costs, and physical therapy costs)
• Diminished earnings
• Lost income

You’ll need to calculate and prove your financial losses for your case. Make sure to have copies of your medical bills and other pertinent documents ready.

Expert Witnesses

In order to make your case, you’ll need an expert witness. Your expert witness will establish the nature of your claim. At trial, they’ll discuss how your standard of care was lacking.

An expert witness can also help provide your medical team failed to display a requisite degree of skill or knowledge for the sake of your treatment.

Litigation

Eight out of 10 cases go to trial for medical malpractice. In many cases, however, the physicians prevail. Understanding the litigation process can help you prepare for the road ahead.

First, you’ll need to initiate the case by filing your complaint. The defendant ha 20 days to answer the complaint.

In the meantime, you’ll prepare for litigation. This often involved the discovery process, which can include:

• Written interrogatories
• Physical or mental examinations
• Production fo documents
• Deposition

You’ll need to complete a request for admission, too. These documents require the defense to answer questions in the affirmative or negative. Your lawyer can use the request for admission and the rest of your evidence to build your case.

Next, you’ll undergo the trial, allowing each side to present their evidence and make their case. The jury will then deliberate and return with their finding.

Hawaii Medical Malpractice: Making Your Case

Now that you understand how Hawaii medical malpractice lawsuits work, you can begin making your case. Don’t go it alone! Instead, consider hiring a qualified attorney to handle the complexities of your case for you.

Want to speak with a lawyer in Hawaii about your medical malpractice claim? Contact us today for the best in Honolulu!

More than 225,000 people die from medical malpractice every year in the United States.

From this number alone, you can see that medical malpractice is serious. Medical malpractice is serious.

If you’re wondering whether or not you have been a victim of medical malpractice, keep reading. We’ve broken down the most common reasons for hiring a medical malpractice lawyer.

First Things First

In order to hire a medical malpractice lawyer, you have to consider whether or not you’re a victim of medical malpractice.

This can be difficult to assess. Doctors are people too and you may not think that it’s worth the lawsuit. You may feel uncomfortable calling them out for their mistake.

However, medical malpractice is dangerous. As we explained earlier, hundreds of thousands of people die because of medical malpractice.

You should never feel guilty for standing up for your health and your life.

Making the Case

There are several scenarios that fall under the subject of medical malpractice. 

If you’ve experienced neglect from a healthcare provider, you may have a case. This could include poor management of your disease, the ignoring of it, or the complete dismissal of it.

Many people with chronic illnesses experience this phenomenon. If you have an invisible disease like depression, anxiety, or even something like an autoimmune disease, you may be familiar with the writing off of your symptoms, experiences, and outcomes.

If a treatment has resulted in your harm or injury, you could file for malpractice. Treatment is supposed to be helping you, not hurting you. This is the healthcare provider’s responsibility.

If a family member has died from a treatment, you can still call a medical malpractice lawyer and build a case.

If you’ve received an incorrect medication or an incorrect dosing of a medication from a medical provider, this could also provide the foundation for a medical malpractice case. Medications can be dangerous, and your medical provider should know how to prescribe and dose correctly.

If a physician has misdiagnosed you or completely missed a diagnosis, this could also call for a medical malpractice suit. Incorrect diagnoses can lead to unnecessary treatment and hardship.

If you think that misdiagnosis or missed diagnoses aren’t that important, let’s talk about cancer.

Many people are misdiagnosed with cancer. This can lead to unnecessary chemotherapy treatments, radiation treatments, medications, and more. This is not to mention the emotional trauma that comes with such a diagnosis.

Delaying of treatment also falls under medical malpractice. If a patient doesn’t receive treatment in time, it can be life-threatening.

We’ll end with one of the most obvious examples of medical malpractice: surgical error. Surgery is a very vulnerable and dangerous position to be in as a patient. If something was done incorrectly, it could cost the patient his or her life.

As you can see, there are many reasons that people may choose to start a medical malpractice case. This is not the complete list, but this did cover some of the most common reasons that people decide to build their case.

Getting a Medical Malpractice Lawyer Involved

Many of those who are victims of medical malpractice either don’t realize it or don’t want to do anything about it. However, you should understand that simply calling a medical malpractice lawyer does not mean that you’re both going to go after your doctor with all that you have.

Medical malpractice is a very specialized field, and there are many reasons that you should consider hiring a medical malpractice lawyer specifically.

Talking to Insurance Companies

If you hire a medical malpractice lawyer, they’ll take care of talking to the insurance companies so you don’t have to. They will negotiate all of the terms of your behalf. You don’t have to worry about knowing jargon or understanding complicated ideas.

You can sit back and relax while your lawyer takes care of protecting you and even your family. If you’ve lost a loved one due to medical malpractice, you can take this time to grieve your loss and find peace.

Understanding Claims

A medical malpractice lawyer will understand exactly what claims you can make and what the best possible rewards are for those claims. The windy world of medical malpractice claims is not one that you should be worrying about. Let the lawyer worry about it for you.

Negotiating Settlement

If you hire a medical malpractice lawyer, they will know how to handle communication about the settlement of your case. Since more than 90% of medical malpractice cases end in settlements, you should hire a lawyer to assist in this complicated process.

Medical malpractice lawyers are trained to navigate the jargon.

Accelerating the Process

Without a medical malpractice lawyer, your claim could take forever to go through while you try to navigate the world of medical law. Your attorney can do this intelligently and quickly.

Last Minute Considerations

You should at least consider hiring a medical malpractice lawyer if you or a loved one have become injured or harmed as a byproduct of medical malpractice. You may feel exposed when you come out with a case against the physician, but you won’t be alone.

Your medical malpractice attorney will be by your side in and out of the courtroom. They will help you understand the jargon and reach the best conclusion for your case.

If you are considering hiring a lawyer, you should contact them as soon as possible. Once you pass the statute of limitations, you cannot file a claim.

Gather all of your medical orders, records, and other relative documents in preparation for your meeting with your medical malpractice lawyer. They need all of this information to narrow down your case and predict the possible outcomes of the case.

Choosing the Right Attorney

As you can see, filing a medical malpractice case and hiring a medical malpractice lawyer is important for preventing future negligence from a medical provider. Whether or not you think you have a strong case, you should contact a medical malpractice attorney to discuss possibilities.

If you live in Hawaii and are considering a medical malpractice suit, you should consider Cummings Law. Feel free to call us at 808.800.4600 to set up a meeting with your personal malpractice attorney.