If you are filing a Hawaii medial malpractice claim, the amount of damages that you may receive will depend on the monetary value assessed to your claim. This means that direct damages, such as medical expenses, may be considered as well as indirect damages, such as physical pain.
Each Hawaii medical malpractice case is different, so while there are several types of damages available, not all of them may apply to your specific circumstances. For instance, someone who is able to return to work on a full-time basis will not be able to claim damages for future lost wages. Consulting with a Honolulu medical malpractice lawyer is the best way to understand what damages may apply to your Hawaii medical malpractice claim.
Direct Damages in a Medical Malpractice Claim
Direct damages are those that have a monetary value attached to them, which may include:
- medical expenses;
- hospital bills;
- lost income; and
- replacement services (childcare, cooking, cleaning, etc.).
Indirect damages don’t necessarily have a particular monetary value attached to them; however, they have value and may include:
- pain and suffering;
- emotional distress; and
- loss of enjoyment of life.
Punitive damages are only awarded in medical malpractice cases where there is gross negligence. These types of damages serve to not only compensate an injured party but to punish the healthcare provider who was medically negligent.
To recover punitive damages, it must be proven that a healthcare provider knowingly disregarded their standard of duty to a patient.
In the state of Hawaii, damage caps are set at $375,000 for pain and suffering. There are no damage caps on other types of indirect damages, such as disfigurement or loss of enjoyment of life.
Contact a malpractice lawyer today to discuss your Hawaii medical malpractice case and the types of damages you may be eligible to recover.
After sustaining injuries from medical malpractice in Hawaii, you should be able to spend your time focusing on your recovery; not dealing with insurance adjustors, never-ending paperwork and complicated legalese. Hawaii attorneys Davis Levin Livingston will fight for your rights while you focus on healing. Serving accident victims on Oahu, Maui, the Big Island, Kauai and beyond. Contact us today for a no-cost case evaluation – 866-806-4349.