Medical Malpractice

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 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. To build a successful medical malpractice case, the following elements need to be established:

  1. Duty of Care: The healthcare professional owed a duty of care to the patient.
  2. Breach of Duty: The healthcare professional breached their duty by providing substandard care.
  3. Causation: The breach of duty directly caused the patient’s injury.
  4. Damages: The patient suffered quantifiable harm as a result of the breach.

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:

  1. Medical Expenses: The healthcare professional owed a duty of care to the patient.
  2. Lost Wages: Compensation for income lost due to the injury.
  3. Pain and Suffering: Physical and emotional distress caused by the injury.
  4. Loss of Consortium: Compensation for the impact on relationships due to the injury.
Navigating the Legal Process

If you've suffered harm due to medical malpractice, you may be entitled to compensation for various damages, including:

  1. Consultation: Contact us today to schedule a consultation with an experienced medical malpractice attorney to discuss the details of your case.
  2. Investigation: Our attorneys will conduct a thorough investigation, collect medical records, and consult experts to evaluate the strength of your case.
  3. Pre-Litigation Negotiations: In some cases, attempts may be made to reach a settlement with the defendant's insurance company before filing a lawsuit.
  4. Filing the Lawsuit: If a settlement cannot be reached, the next step is to file a lawsuit, initiating the legal process.
  5. Discovery: Both parties gather evidence and exchange information to build their cases.
  6. Mediation/Settlement Talks: Parties may engage in mediation to resolve the case before trial.
  7. Trial: If a settlement is not reached, your case will proceed to trial, where a judge or jury will determine the outcome.

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.

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.

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