When you go to the doctor, you expect to get high-quality medical care. In most cases, that is exactly what happens. Unfortunately, there are times when a doctor or other medical provider causes harm.
In these situations, you may be able to file a lawsuit against the medical professional, hospital, and other responsible parties for your losses. In Hawai‘i, there is a specific procedure that must be followed before filing a medical malpractice lawsuit. Our Honolulu personal injury attorneys will fight to get you the compensation that you deserve for your injuries.
At Miyashita & O’Steen, we advocate for clients throughout Hawai‘i who have been harmed through misdiagnosis, medication errors, delayed diagnosis, and other forms of medical malpractice. We work hard to help our clients get maximum compensation for their injuries, and never charge a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Honolulu medical malpractice lawyer, contact our law offices today.
Selecting a skilled and experienced medical malpractice attorney is crucial. Our lawyers specialize in personal injury and medical malpractice cases and understand the nuances of Hawaiʻi’s laws. Our very own Robert Miyashita was named by HONOLULU Magazine as one of Hawaiʻi’s Best Lawyers for 2024 and 2025 in the field of Medical Malpractice Law and Personal Injury Litigation.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional’s negligence or deviation from the accepted standard of care leads to patient harm. In Hawaiʻi, as in many other states, medical malpractice cases typically involve doctors, nurses, hospitals, and other healthcare providers.
Medical malpractice can happen in any number of ways. For example, if a doctor ignores a patient’s symptoms and misses a diagnosis, they could potentially be liable for medical negligence. If a hospital fails to follow appropriate hygiene and sterilization procedures, then it could be responsible for any infections that patients acquire as a result.
The majority of medical malpractice cases are based on a theory of negligence, which is a type of carelessness. However, it is possible to pursue a claim based on intentional or reckless conduct. While these cases are more unusual, they can still happen. If a surgeon operates on a patient while under the influence, for example, that may be an example of recklessness.
To build a successful medical malpractice case based on negligence, the injured victim (plaintiff) has the burden of proving that the at-fault medical professional (defendant) was negligent in some way. To do so, the following elements need to be established:
- Duty of Care: The healthcare professional owed a duty of care to the patient.
- Breach of Duty: The healthcare professional breached their duty by providing substandard care.
- Causation: The breach of duty directly caused the patient’s injury.
- Damages: The patient suffered quantifiable harm as a result of the breach.
Importantly, the standard of care in medical malpractice cases is based on the standard of care for a particular specialty or scope of practice. In other words, a medical professional is judged against professionals with similar experience and training. If your family doctor missed a diagnosis, then they will be judged against the standard of care for family medicine practitioners - not specialists with additional training and expertise.
Under Hawai‘i’s medical malpractice laws, there is a special procedure that must be followed before a lawsuit can be filed. Specifically, a plaintiff must submit an inquiry to a panel that includes one attorney and one licensed physician. This panel is known as a medical inquiry and conciliation panel.
The inquiry must include all facts on which the lawsuit will be based and the names of all health care providers who might be included in the lawsuit. It must also include a “certificate of consultation.” This certificate states that the injured plaintiff and/or their lawyer has consulted with one licensed physician with experience in the same or similar medical field.
Once the inquiry has been received, notice is provided to all named medical professionals, who are then given a chance to file a written response. The panel will then schedule a date for a proceeding where evidence (including medical records) and testimony will be considered. Once this process is complied with, , only then the plaintiff will be permitted to file a medical malpractice lawsuit.
The goal of this process is to weed out frivolous lawsuits, encourage parties to settle cases, and reduce the strain on the Hawai‘i court system. That being said, it can be difficult for injured patients to navigate this panel process without the help of a skilled Hawai‘i medical malpractice lawyer. Our law firm can work with you to develop the proper evidence and documentation to support your claim.
Medical malpractice cases are complex and require thorough investigation to establish negligence. If you believe you or a loved one has been a victim of medical malpractice, consulting with a qualified attorney is essential to assess the specifics of your situation and determine the appropriate legal course of action.
Expert Testimony
Medical malpractice cases often require expert testimony to establish the standard of care and demonstrate how the healthcare provider's actions deviated from it. Hawaiʻi law mandates that an expert in the same field as the defendant must review the case before filing a lawsuit. This expert's opinion must state that there's a reasonable basis to believe medical negligence occurred.
Time Limitations
It's important to be aware of the statute of limitations for medical malpractice cases in Hawaiʻi. Generally, you have two years from the date the injury occurred or the date you discovered the injury (or reasonably should have discovered it) to file a lawsuit. There are exceptions, so consulting with an attorney early on is crucial to avoid missing the deadline.
Compensation for Damages
If you've suffered harm due to medical malpractice, you may be entitled to compensation for various damages, including:
- Medical Expenses: The healthcare professional owed a duty of care to the patient.
- Lost Wages: Compensation for income lost due to the injury.
- Pain and Suffering: Physical and emotional distress caused by the injury.
- Loss of Consortium: Compensation for the impact on relationships due to the injury.
Navigating the Legal Process
Most people do not have extensive experience with the civil legal system. While this is ultimately a good thing, it can make the thought of filing a lawsuit fairly intimidating. Our Honolulu medical malpractice lawyers are here to help.
While the process will look different for every case, below is a broad outline of what you can expect if you file a medical malpractice lawsuit in Hawai‘i:
If you've suffered harm due to medical malpractice, you may be entitled to compensation for various damages, including:
- Consultation: Contact us today to schedule a consultation with an experienced medical malpractice attorney to discuss the details of your case.
- Investigation: Our attorneys will conduct a thorough investigation, collect medical records, and consult experts to evaluate the strength of your case.
- Submission to Medical and Conciliation Panel: Hawai‘i’s medical malpractice laws require you to submit an inquiry, complete with a certificate of consultation, to a special panel. The panel will then review the evidence and try to help the parties resolve the case. If the parties cannot reach an agreement, then the panel will be dissolved, and the plaintiff can file a lawsuit.
- Filing the Lawsuit: If a settlement cannot be reached in presuit, the next step is to file a lawsuit, initiating the legal process. Generally, you have 2 years from the date that you knew or should have known about your injury to file a lawsuit.
- Discovery: Both parties gather evidence and exchange information to build their cases.
- Mediation/Settlement Talks: Parties may engage in mediation to resolve the case before trial. The majority of personal injury cases are resolved outside of court, often through settlement.
- Trial: If a settlement is not reached, your case will proceed to trial, where a judge or jury will determine the outcome. Our experienced Honolulu litigators will introduce evidence, question witnesses, and make arguments before asking the judge or jury to return a verdict in your favor.
Conclusion
Facing the aftermath of medical malpractice can be overwhelming, but you don't have to navigate this journey alone. With the right information and legal support, you can seek justice and fair compensation for your injuries. Remember, every case is unique, so consulting with a qualified attorney is the first step toward understanding your options and making informed decisions.
Based in Honolulu, Miyashita & O’Steen represents clients on all islands and counties in Hawai‘i. We offer free initial consultations for all prospective clients and never charge a fee unless we recover money for you. To learn more or to set up an appointment with a Honolulu medical malpractice lawyer, call our law offices at 808-300-0068 or fill out our online contact form.
Related Areas of Practice
In addition to medical malpractice, our experienced attorneys have handled other cases involving:
- Medical Device Defect
- Medical Equipment Failure
- Medical Ethics
- Nursing Home Abuse and Neglect
- Pharmaceutical Defects
- Prescription Errors
- Professional Negligence
- Sexual Assault and Abuse
- Wrongful Birth
- Wrongful Death
Miyashita & O'Steen's personal injury attorneys serve and operate in all counties and islands in Hawaiʻi. Whether you have been injured in Hilo, Honolulu, Kahului, Kailua-Kona, Lihue, Pearl City, Waimea, or Waipahu, or somewhere in between, our attorneys are here for you. Contact us today for a free consultation.
