The medical malpractice cap in Hawaii is currently $375,000 for pain and suffering, though this cap has been under scrutiny from opposition groups. While there is no cap on attorney fees, any fee arrangements are subject to court approval.
If you have been the victim of medical malpractice in Hawaii, you should not try to pursue a claim on your own. It would be beneficial to have a Honolulu malpractice attorney handle your case. With an attorney by your side, you will stand a better chance of recovering adequate damages to meet your needs.
Opposition to Controversial Damages for Medical Malpractice Caps
There are many people who believe there should be no medical malpractice cap for non-economic damages, such as pain and suffering. Opponents argue that medical malpractice caps lead to unfair compensation for people who have been blinded, disfigured, or crippled because of the negligent actions of a doctor or hospital.
Historically, it has been up to juries to decide the number of damages to award, but that has changed. For example, since the Hawaii cap for pain and suffering is $375,000, if a jury wanted to award a victim $2 million, it would be reduced to $375,000. It doesn’t matter that the victim may have become a quadriplegic because of a doctor’s negligence or carelessness.
Despite the damages caps, you should still acquire the assistance of a Honolulu malpractice attorney for legal guidance. In addition to compensation for pain and suffering, you could be entitled to:
- current and future medical expenses;
- lost wages;
- legal fees; and
- punitive damages.
Since medical malpractices cases can be very complex and time-consuming, you should call a Honolulu malpractice attorney as soon as possible to meet the deadline for filing your claim. Because medical malpractice caps are dictated by state statutes, it’s important to work with an attorney who stays abreast of the latest developments in the legislature.
Contacting a Honolulu Malpractice Attorney
After a medical error in Honolulu, 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 medical malpractice victims on Oahu, Maui, the Big Island, Kauai and beyond. Contact us today for a free case evaluation –(808) 740-0633.