When you trust a doctor, nurse, or healthcare provider with your care, you expect to leave better, not worse. But sometimes, errors happen. When those errors result from medical negligence, you're not just a victim of bad luck; you may have legal rights and options to pursue compensation.
Living in Hawaii, where ohana (family) is everything, it can feel devastating to realize a healthcare provider failed you or someone you love. But you're not powerless.
What Is Medical Negligence?
When healthcare providers don’t meet the standard of care expected in their profession, their mistakes may be considered medical negligence. Unlike general complications or risks that come with medical procedures, negligence occurs when:
- A medical provider fails to act competently (e.g., making a severe diagnostic error).
- Carelessness directly harms the patient (e.g., prescribing the wrong dose of medication, leading to complications).
- Preventable consequences arise (e.g., a surgical tool left inside the body, causing infection).
For example, if a surgeon operates on the wrong site or a nurse administers a medication you’re allergic to despite documented warnings, these could fall under medical negligence.
But how do you know if what happened to you or a loved one truly qualifies? That’s where understanding your rights in Hawaii becomes vital.
Your Rights as a Patient in Hawaii
Hawaii’s laws are in place to protect patients and hold medical professionals accountable. Here’s what you need to know:
1. The Right to Competent Care
Every patient in Hawaii has the right to receive care that meets established medical standards. Providers must follow well-accepted practices based on education, training, and experience. If they fail to do this, they can be held accountable.
2. The Right to Be Informed
Doctors must provide you with clear, comprehensive information so you can give informed consent before any procedure. This means you should understand potential risks, benefits, and alternative options beforehand. Providers who skip this step violate your right to informed decision-making.
3. The Right to Access Your Medical Records
Hawaii law allows you to request a copy of your medical records whenever you need them. Reviewing these records can help uncover evidence of negligence, such as improper dosages, errors in charts, or missing notes.
4. The Right to Seek Legal Recourse
If you suspect negligence caused your injury, Hawaii law gives you the right to file a medical malpractice claim. These legal claims aim to compensate you for medical bills, lost wages, pain, and other damages resulting from a medical professional’s failure.
But there’s a catch. Hawaii enforces a statute of limitations on medical malpractice cases. This means you have a limited time to file a claim once you suspect negligence. Generally, you must file within two years of discovering the malpractice or your injury could go uncompensated. That’s why acting quickly is so crucial.
5. The Right to Compassionate Advocacy
Navigating medical malpractice cases can feel overwhelming, especially when you're also dealing with physical recovery. Hawaii values patient advocacy, which means you have the right to consult with legal professionals who can guide you through each step.
What to Do If You Suspect Medical Negligence
Knowing your rights is important, but how do you put them into action? Follow these steps if you believe you’ve been a victim of medical negligence.
Step 1: Get a Copy of Your Medical Records
Your medical records hold key evidence that could support your claim. Request them directly from your healthcare provider as soon as possible to ensure nothing is lost or altered.
Step 2: Document Everything
Write down the details of your medical experience, including the professionals' names, dates, and specifics of what went wrong. If you experienced physical injuries or changes in health, record that too. Photographs or statements from family members about your condition can also strengthen your case.
Step 3: Seek a Second Opinion
To understand if your care was substandard, consult with another trusted healthcare professional. Their perspective may help clarify if negligence occurred or reveal consistent issues with your initial treatment.
Step 4: Contact a Personal Injury Attorney
Medical malpractice cases can be complex and require deep knowledge of Hawaii’s specific laws. Working with a skilled personal injury attorney helps you build a solid case for compensation. They’ll review your case details, advise on the best course of action, and handle all legal deadlines, so you can focus on healing.
Step 5: Act Quickly
Time is not on your side when it comes to medical malpractice lawsuits. If you suspect negligence, don’t delay in reaching out for help. An attorney can assess your case and ensure you meet Hawaii's filing deadlines.
Hawaii Medical Malpractice Attorneys
If you or a loved one suspect you have been a victim of medical negligence in Honolulu, Hawaii, don’t hesitate to reach out to the experienced legal team at Davis Levin Livingston. We specialize in providing the dedicated support and insightful legal representation necessary to navigate the complexities of medical malpractice claims. Our commitment to securing justice for victims of negligence is unwavering, and we offer a compassionate yet assertive approach to each case we handle. For personalized advice and a thorough evaluation of your situation, contact us today at (808) 740-0633. Let us help you understand your rights and explore the legal options available to you in pursuit of rightful compensation and support. Together, we can seek accountability and foster a safer healthcare environment for all.