When we place our trust in medical professionals, we expect to receive safe and competent care. Unfortunately, even in the best hospitals or clinics, mistakes can happen — and sometimes, those mistakes have devastating consequences. If you suspect that you or a loved one has suffered harm due to a medical error, it’s important to act quickly and carefully. Understanding what to do next can help protect your health, your rights, and your ability to pursue justice.
1. Prioritize Your Health and Safety
Your well-being comes first. If you believe a medical error occurred, seek immediate medical attention — ideally from a different provider or facility. Explain your symptoms and concerns, but avoid making accusations until you have a clearer understanding of what happened. Request copies of all test results, prescriptions, and discharge instructions so that your new healthcare team has complete and accurate information.
If the situation is life-threatening, go to the emergency room or call 911. The priority is stabilizing your condition before gathering evidence.
2. Request and Preserve All Medical Records
Medical records are critical to any malpractice investigation. Under Hawai‘i law, you have the right to request your own medical records. Do this as soon as possible, before there is any risk of alteration or loss.
Be sure to request:
- Doctor’s notes and treatment plans
- Test results and imaging scans
- Medication orders and pharmacy records
- Hospital or clinic billing statements
Keep these records organized in a safe place. They will help your attorney and medical experts review what happened and determine whether the care you received fell below accepted standards.
3. Document Everything You Can Remember
Write down every detail you recall about the incident — dates, times, names of doctors and nurses, what you were told, and how your symptoms developed. Memory fades quickly, and this information may be crucial later.
If possible, take photos of visible injuries, medications, or hospital conditions. Keep a daily journal of how the error has affected your health, work, and emotional well-being.
4. Avoid Discussing the Incident Publicly
It may be tempting to share your experience on social media or vent frustration publicly, but doing so could complicate your case. Statements made online can be misinterpreted or used against you later.
Instead, speak confidentially with your attorney. Communications with your legal counsel are protected by the attorney–client privilege, ensuring your privacy as your case is evaluated.
5. Consult an Experienced Medical Malpractice Attorney in Hawai‘i
Medical error cases are complex. They often involve hospitals, insurance companies, and multiple healthcare professionals. Proving negligence requires specialized knowledge and expert testimony.
A Hawai‘i-based medical malpractice attorney can:
- Review your records and consult with medical experts
- Determine if your provider breached the standard of care
- Calculate damages for medical costs, lost wages, and pain and suffering
- Handle negotiations or litigation so you can focus on healing
Time is also a factor. Hawai‘i law limits how long you have to file a malpractice claim. Acting quickly ensures evidence is preserved and deadlines are met.
6. Take Care of Yourself and Your Family
Dealing with a suspected medical error can be stressful and emotional. Lean on trusted friends, family, or counselors for support. Healing — both physically and emotionally — takes time, and having the right support network matters.
Hawaii Medical Malpractice Attorneys
At Davis Levin Livingston, our attorneys have decades of experience representing individuals and families across Hawai‘i in medical malpractice and personal injury cases. We understand how overwhelming these situations can be — and we’re here to help you find answers, accountability, and justice. If you suspect a medical error, don’t wait. Contact us today at (808) 740-0633 for a free and confidential consultation.