Common Types of medical malpractice include:
- Failure to diagnose
- Mistakes during surgery
- Birth injuries
- Prescribing incorrect medication
- Surgical errors
- Medical care facility negligence
- Cancer misdiagnosis
For instance, a child swallows foreign metal material, and the attending doctor does not diagnose the problem, leading to the child’s death. Another example, incorrect medication may result from a patient undergoing unnecessary surgery that leads to severe pain for which a physician prescribes addictive medication, turning the patient into a drug addict.
Usually, overwhelming medical expenses keep people from getting proper diagnoses and treatments. Each of our lawyers have a long history of fighting for injured patients’ compensation in medical malpractice cases. In medical malpractice, types of damages the injured patient may recover include:
Possible Damages Recovered
- Medical care
- Loss wages
- Pain and suffering
- Emotional distress
- Psychological counseling
In a medical malpractice claim, the patient has to be tough to live through all phases of litigation, including discovery, mediations, and settlement conferences, which can take several months or years. If the treatment for the alleged injuries is not complete, the defense may delay the case to make the plaintiff patient go through a deposition, independent medical exam, and request for production of documents, including medical reports from each treating doctor.
In an independent medical exam, the plaintiff gets examined by the defense’s doctor. The defense may need to request a court order for the exam to take place. In the independent medical exam, the injured plaintiff should not complete any paperwork asked by the examining physician because the plaintiff is not visiting to become a patient of the doctor. The doctor should be aware of any objections by the plaintiff’s attorneys on what cannot be done. For example, x-rays may not be allowed, and at all times, the plaintiff may need to be accompanied by a legal representative to ensure proper questioning by the doctor in the exam.
Meanwhile, the doctor being sued may keep cool because state medical licensing boards require medical providers to maintain professional liability insurance to offset the risk and costs of medical malpractice litigation. Sometimes the physician may require a patient to agree to arbitration before being examined because the doctor wants to lessen litigation costs. Because providers have the advantage of free defenses from insurance policies, or forcing plaintiffs to arbitration, medical malpractice cases may result in a financial plunge to prosecute a case.
Contact a Hawaii injury attorney for an evaluation of the merits of your medical malpractice case.