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When you visit a doctor’s office, hospital, or another type of medical facility, you are trusting that the professionals there are qualified to diagnose and treat your condition or injury in an adequate manner. Unfortunately, thousands of patients suffer unnecessary injury every year due to medical malpractice.
Medical malpractice happens when a health care provider such as a doctor does something that competent doctors would not have done or fails to do what a competent doctor would have done, resulting in injury or death. Negligent acts or omissions by doctors, nurses, and other medical workers can have severe consequences, often exacerbating an existing condition, causing a new illness or injury, or even leading to fatalities. If you suspect that you or a family member has been the victim of medical negligence or medical malpractice, you should contact an experienced Hawaii medical malpractice attorney to discuss a possible case as soon as possible.
Reach out to Davis Levin Livingston today for a free consultation; call (808) 740-0633 or submit an online contact form for help from experienced medical negligence lawyers.
The following are some of the most common acts or omissions that may lead to a claim for medical malpractice:
While doctors are human like anyone else and have the ability to make mistakes, a doctor’s mistakes can have serious and sometimes fatal effects. For this reason, medical professionals who engage in any of the above malpractice errors should be held responsible for their actions or omissions. Filing medical malpractice claims also helps prevent future medical negligence by forcing healthcare providers to improve their systems and reduce medical errors.
Statute of limitations laws place limits on the amount of time a person has to file a lawsuit. The statute of limitations for medical malpractice claims varies by each state, but typically allows victims only a couple of years to take legal action against the negligent party. In Hawaii, the Hawaii Revised Statutes section 657-7.3 states that medical malpractice claims must be filed within two years from the date the injury or illness took place.
There may be exceptions to this standard, especially if the damages were dormant, unnoticed, or otherwise overlooked for years. However, the Hawaii statute of repose states that all medical malpractice lawsuits must be filed no more than six years from the date of the alleged omission or error.
There are four basic elements that must exist in any medical malpractice case if it is to be considered a valid claim.
The four required elements of a medical malpractice claim are as follows:
Depending on the nature of your medical malpractice case, and the degree to which you suffered, you could be eligible for several different types of damages.
Medical malpractice damages may include:
Additionally, if your loved one lost their life because of a case of medical malpractice, you may be entitled to additional damages through a wrongful death claim.
Medical malpractice claims are complex, time-consuming, and expensive. Because of the significant expense involved in pursuing medical malpractice cases, along with the high degree of complexity, only claims of very serious injuries are typically pursued by our firm.
However, if successful, medical malpractice claims can be substantially helpful for victims and their families. The Bureau of Justice Statistics reports that the median medical malpractice awards were 17 times higher than the median award for other types of personal injury claims. Davis Levin Livingston has achieved significant results in handling medical practice cases.
Some of our recent successes include the following:
If you believe you have suffered unnecessary illness, injuries, or other complications because a doctor did not live up to the proper standard of care, you should contact Davis Levin Livingston for a free initial consultation and evaluation of your case. Our experienced Hawaii medical malpractice lawyers are committed to helping injured victims.
Please do not hesitate to call (808) 740-0633 for help today.