After something goes wrong in a medical setting — or when you suspect something has — one of the most frustrating experiences a patient or family can face is hitting a wall of vague answers, deflection, or silence. If you have been asking the hospital what happened and feel like you are not getting clear or honest responses, know this: you have rights, and those rights do not disappear because a medical error may have occurred.
Your Rights as a Patient in Hawaiʻi
Patients in Hawaiʻi have established rights when it comes to their medical care and access to information — and those rights become more important, not less, when something goes wrong.
You have the right to access your medical records. Under federal law — including HIPAA — patients are generally entitled to request and receive copies of their records within a defined timeframe. If a hospital is delaying or denying a reasonable request without cause, that itself may be a red flag worth discussing with an attorney.
You also have the right to an explanation of your care — what happened during your treatment, what decisions were made, and why. This applies whether your concern involves a surgical error, a misdiagnosis, a medication error, or any other aspect of your care. And you always have the right to seek a second opinion, which in many cases can be critically important.
Why Hospitals May Not Be Forthcoming
Medical institutions have legal teams and risk management departments whose role is to protect the hospital from liability. This can sometimes mean that a patient's questions are met with carefully worded non-answers, or that staff are instructed not to discuss certain events. This does not automatically mean the hospital did something wrong — but it does mean that a patient who feels they are not getting straight answers should not assume everything is fine.
Practical Steps to Take When You're Not Getting Answers
Put your questions in writing — submitting questions formally creates a record and signals that you are keeping documentation. Request your medical records promptly, as these are the foundation of any medical malpractice investigation. Document what you were told and what you weren't, keeping a log of conversations with dates and names when possible. Ask your primary care physician to review what happened — they may speak more candidly than hospital staff concerned about institutional liability.
Finally, consult with a medical malpractice attorney. Many patients are unaware of what their records actually reveal until they are reviewed by an experienced advocate.
You Are Not Powerless
It can feel that way — especially when you are dealing with the emotional weight of a difficult medical situation while navigating a complex healthcare system. But patients are not powerless, and asking questions is not just your right. In some cases, it is the first step toward accountability.
At Davis Levin Livingston, we have represented Hawaiʻi families across all the islands for more than four decades. We know how to read medical records, work with medical experts, and advocate for families who feel they have been left without answers. Learn more about your options after medical negligence, or call us at (808) 740-0633. We are here to help you ask the right questions.