In the state of Hawaii there is a time limit for filing a medical malpractice claim. The deadline for filing a Hawaii medical malpractice claim is 2 years from the date of the injury or from when the injury should have been reasonably discovered.
Statute of Limitations for a Hawaii Medical Malpractice Claim
Hawaii follows the discovery rule, which means the statute of limitations begins when the injury was discovered or should have been reasonably discovered. Even if an injury actually occurred on one date, the statute of limitations will not begin until the injury is discovered.
For example, if a patient suffers symptoms of lung cancer in April 2008, but is told by his doctor that he has pneumonia, the statute of limitations would not begin then. If the doctor fails to properly diagnose the patient and the symptoms get progressively worse, with the cancer not being discovered until February 2010, the statute of limitations would begin in February 2010.
In this example, the doctor should have discovered the diagnosis of cancer in April 2008. The failure to do so causes the statute of limitations to actually begin in February 2010, which would give the patient until February 2012 to file a Hawaii medical malpractice claim.
While Hawaii follows the discovery rule, there is still a maximum timeframe of 6 years from the date of the actual injury before a Hawaii medical malpractice claim will expire. The only circumstances in which it could extend beyond 6 years are if the medical malpractice was concealed by fraud or if a minor is involved. For minors, the statute of limitations for a Hawaii medical malpractice claim is age 10 or within 6 years, whichever one is longer.
Contacting a Hawaii Medical Malpractice Attorney
After injuries from medical malpractice in Hawaii, you should be able to spend your time focusing on your recovery; not dealing with insurance adjusters, never-ending paperwork and complicated legalese. Hawaii attorneys Davis Levin Livingston will fight for your rights while you focus on healing. Serving accident victims in Oahu, Maui, the Big Island, Kauai and beyond. Contact us today for a no-cost case evaluation – 1-866-806-4349.