The experienced attorneys at Davis Levin Livingston have recovered millions on behalf of medical malpractice victims.
Four Decades of Record Breaking Victories
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$80,000,000
Child Sex Abuse
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$36,000,000
Commercial Litigation
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$15,400,000
Wrongful Death
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$15,000,000
Vacuum/Forceps Injuries
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$12,500,000
Fetal Distress
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$11,000,000
C-Section Errors
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$9,975,000
Brain Injury
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$9,000,000
Cerebral Palsy
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$9,000,000
Hypoxic Ischemic Encephalopathy
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$7,900,000
Fetal Distress
Hawaii Medical Malpractice Attorneys
What Is Medical Malpractice/Negligence?
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.
Common Examples of Medical Malpractice
The following are some of the most common acts or omissions that may lead to a claim for medical malpractice:
- Misdiagnosis or failure to diagnose
- Delayed treatment, which can be due to delayed diagnosis, overcrowding in an emergency department, and more
- Administering the wrong type of treatment for the injury or illness
- Retained foreign objects
- Surgical errors, including surgery on the wrong body part, leaving instruments inside a patient, and other mishaps
- Medication errors, including administering the wrong dose of medication or the incorrect medication altogether
- Anesthesia errors
- Birth injuries from negligent prenatal treatment or during childbirth
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.
Types of Medical Malpractice
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What is the Statute of Limitations for Medical Malpractice Claims?
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.
What Are the Essential Elements of a Medical Malpractice Case?
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:
- The doctor/nurse/hospital/etc. had a duty to care for the injured or ill patient.
- There was a breach of duty, meaning the healthcare provider failed to provide the patient with the proper standard of care.
- The provider’s actions caused the patient’s illness or injuries.
- The patient was injured, ill, or suffered damages of some kind.
What Types of Damages Could I Claim In a Medical Malpractice Case?
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:
- Special Damages: Special damages include the most measurable, tangible losses, such as medical bills, lost wages, future medical expenses, and so on.
- General Damages: Though less tangible, general damages are no less important. These types of damages may include physical pain, mental anguish, emotional trauma, loss of enjoyment of life, loss of future earning capacity, and other factors that may influence a person’s quality of life. Its also important to note that Hawaii sets a cap on the amount of pain and suffering damages awarded.
- Punitive Damages: In some circumstances, the injured party may also be eligible for punitive damages, which are intended to punish the liable party for wrongdoing. Rules for such awards are strict in Hawaii.
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.
Our Firm Helps Victims of Medical Malpractice
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:
- An $11.3 million settlement on behalf of a brain-damaged infant who failed to receive appropriate care at a military hospital
- A $15 million judgment on behalf of a Navy family whose wife became brain damaged as a result of inappropriate care during an operation
Contact Davis Levin Livingston for a Free Consultation
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.