Perhaps no serious personal injury is more distressing than one resulting from medical malpractice. It is extremely disturbing to realize that the severe pain you are now experiencing has been caused by the negligence of a physician or other healthcare professional in whom you put your complete trust. If you find yourself is such a situation, you are entitled to substantial restitution for your trauma and its aftermath. Cummings Law is well-prepared to obtain it for you.
Medical mistakes are far too common. According to a study by Johns Hopkins, medical mistakes they are the third most common cause of death in this country. Usually negligence and inattention are the root cause of medical malpractice, though there are times when illegal or malicious acts are committed by doctors and others in the healthcare profession. Because medical practice may result in wrongful death, Cummings Law is also fully capable of handling such cases for loved ones who have to manage without the love and support (and sometimes the income) of the deceased.
Why Choose Our Medical Malpractice Attorney
If you have been harmed by the actions or inactions of a doctor, nurse, physician assistant, nurse practitioner, or hospital administration staff member in Hawaii, you need a powerful medical malpractice attorney with a history of successful outcomes. You need Brian Cummings, lead attorney of Cummings Law. Brian, who has practiced for over two decades, has obtained over $29,000,000.00 for his clients in just the past few years. Not only does he have outstanding credentials, but he is a communicative and compassionate person. At Cummings Law, you will be treated with respect and empathy by a lawyer who has comprehensive knowledge of Hawaii state laws, as well as federal laws, pertaining to personal injury in Hawaii.
Personal Injury Law in Hawaii
One of the reasons it’s necessary to have a sharp attorney familiar with personal injury law in Hawaii is that while some of the laws here run parallel to many other states, others are particular to Hawaii and are complicated (as noted in italics):
- There is a 2-year statute of limitations for medical malpractice lawsuits in Hawaii
- A simple medical mistake does not constitute medical practice — we must be able to prove negligence, meaning that your doctor must not have followed reasonable protocol
- There is a cap on non-economic medical malpractice damages of $375,000 in Hawaii
- Before a medical malpractice lawsuit can be filed in Hawaii’s court system, the plaintiff must submit an inquiry to a panel consisting of an attorney and a licensed physician
- This inquiry must be accompanied by a “certificate of consultation” in which the plaintiff’s attorney states that the plaintiff’s case has been validated by a licensed physician in the medical specialty involved
Comparative Negligence Doesn’t Usually Apply to Medical Malpractice
In most cases of medical malpractice, comparative negligence, when the plaintiff’s compensation may be diminished because he/she is determined to bear partial blame for the injury, doesn’t come into play. There are cases, however, in which damages will be cut or even denied because the patient engaged in one of the following actions:
- Provided false health history information
- Did not follow medical instructions
- Lied about the cause and nature of his/her injuries
- Acted in ways that worsened the health problem or injury
Common Types of Medical Malpractice
There are a great many occasions when medical negligence can lead to significant permanent harm or death. These mistakes typically fall into one of the following categories:
- Anesthesia errors
- Failure to administer correct medications or dosages
- Birth injuries
- Diagnostic errors (failure to diagnose, misdiagnosis, delayed diagnosis)
- Emergency room errors
- Hospital negligence (poor sanitation or hygiene, miscommunication, poor recordkeeping)
- Failing to get informed consent
- Nursing home abuse
- Surgical mistakes
- Post-surgical infections
- Prescription or pharmacy errors
The length of this list is intimidating. Being a victim of medical malpractice can, unfortunately, occur for a wide variety of reasons as well: doctors who are over-tired, distracted by personal matters, impaired by drugs or alcohol, not sufficiently trained or supervised, or simply not giving the task at hand their undivided attention.
Misdiagnosed or mistreated patients may awful consequences due to the distraction, impairment, poor judgment or miscalculation of a medical professional, including:
- Traumatic brain injury (TBI)
- Paralysis
- Progression of a deadly disease
- Loss of sight or hearing
- Damage to, or loss of, an internal organ
- Surgical removal of the wrong body part
- Serious or even fatal infection
- Unnecessary painful or harmful treatment
- Wrongful death
If you have been a victim of medical malpractice in Hawaii, you are entitled to substantial compensation and Cummings Law will see to it that you get it. Suffering a medical malpractice injury is often life-altering. The state recognizes that victims deserve several possible kinds of compensation for the mistreatment they have endured, including:
- Economic damages to reimburse them for actual expenses, such as medical costs, lost income (present and future), assistive devices, nursing and/or housekeeping care
- Non-economic damages which, though intangible, may be more challenging to live with, such as disfigurement, permanent disability, loss of consortium, pain and suffering
In cases in which the medical malpractice is especially awful — for instance when a surgeon is operating while impaired by drugs — the court may also award punitive damages which are designed to punish the defendant further and to prevent others from following a similarly destructive path.
Contact Our Honolulu Medical Malpractice Attorney
In addition to navigating the legal system so that you and your family have time to recover and get your bearings — physically, emotionally, and financially, Brian Cummings will, at no cost to you, evaluate your situation to make sure you have a viable medical malpractice case, investigate all related records and documents, work out a winning strategy, and contact any experts (whether medical, technical, or environmental) whose testimony will bolster your case. He will also deal with all negotiations with opposing attorneys, hospital administrators and insurance companies. When you come to Cummings Law, you will be able to take the time you need to heal, know that you have great legal representation, and you will not be charged any attorneys’ fees until we win you the compensation you deserve.
