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Medical malpractice is a grave concern in Waipahu, just as it is in the rest of the United States. When healthcare providers fail to meet the accepted standard of care, patients can suffer severe consequences, including physical and emotional pain, financial burden, and even loss of life. If you or a loved one has been a victim of medical malpractice in Waipahu, you don't have to face the legal battle alone. The dedicated attorneys at Davis Levin Livingston are here to fight for your rights.

Call our office at (808) 740-0633 or fill out our online contact form today to request a free, confidential consultation.

Understanding Medical Malpractice

Medical malpractice refers to a legal concept in which healthcare professionals, such as doctors, nurses, surgeons, or medical institutions, breach their duty of care to patients, resulting in harm or injury. This breach of the standard of care can occur due to negligence, errors, or omissions in the diagnosis, treatment, or care provided to a patient. Medical malpractice cases typically involve patients who have suffered harm as a result of substandard medical treatment.

Key elements of medical malpractice cases include:

  1. Duty of Care: Healthcare providers have a legal and ethical duty to provide care to their patients that meets the accepted standards within their medical specialty. This means they are expected to provide competent and appropriate medical treatment.
  2. Breach of Duty: Medical malpractice occurs when a healthcare provider fails to uphold the standard of care that is expected of them. This breach of duty can result from errors, negligence, misdiagnoses, failure to diagnose, surgical mistakes, medication errors, and other deviations from acceptable medical practice.
  3. Causation: In a medical malpractice case, it is essential to establish a direct link between the healthcare provider's breach of duty and the patient's injuries. The patient must demonstrate that the substandard care directly led to their harm.
  4. Damages: Patients must have suffered actual harm or injury as a result of the medical negligence. This harm can include physical pain, emotional distress, financial losses, and in some cases, even loss of life.

Common examples of medical malpractice include:

  • Surgical Errors: Mistakes made during surgery, such as wrong-site surgery, anesthesia errors, or post-operative complications, can result in severe harm to patients.
  • Misdiagnosis or Delayed Diagnosis: When healthcare providers fail to correctly diagnose a condition or delay diagnosis, patients can experience worsened health outcomes, leading to additional treatment, suffering, and financial burdens.
  • Medication Errors: Prescription errors, improper dosage, or administration of the wrong medication can cause severe harm to patients.
  • Birth Injuries: Negligence during childbirth can lead to birth injuries, including cerebral palsy, Erb's palsy, and other lifelong conditions.
  • Nursing Home Negligence: Elderly residents in nursing homes may suffer from neglect, abuse, or improper care, resulting in physical and emotional harm.
  • Hospital Infections: Hospitals and healthcare facilities are responsible for maintaining a clean and safe environment for patients. Infections caused by negligence can lead to life-threatening complications.

Medical malpractice cases can be complex and require expert testimony from healthcare professionals to establish the standard of care and demonstrate a breach of that standard. They may also involve extensive documentation, medical records, and legal expertise to prove the causation and damages.

If you believe you or a loved one may be a victim of medical malpractice, it's essential to consult with an experienced attorney who specializes in medical malpractice cases. Our firm can assess the details of your case and help you navigate the legal process to seek justice and compensation for your injuries and losses.

Available Damages from a Medical Malpractice Lawsuit

In Hawaii, medical malpractice claims allow victims of medical negligence to seek compensation for various types of damages resulting from the malpractice. These damages can be categorized into two main types: economic and non-economic damages. In some cases, punitive damages may also be awarded if the healthcare provider's actions were particularly egregious.

Here's a breakdown of the available damages in a medical malpractice claim in Hawaii:

  • Economic Damages:
    • Medical Expenses: This category includes all the costs associated with treating injuries or medical conditions caused by the medical malpractice. It covers hospital bills, surgeries, doctor's visits, prescription medications, physical therapy, and any other necessary medical treatments. These damages are typically well-documented, including bills and receipts.
    • Lost Earnings: If the victim of medical malpractice is unable to work due to their injuries or the need for medical treatments, they may be entitled to compensation for lost wages. This includes both past and future income that the victim would have earned if not for the malpractice.
    • Rehabilitation Costs: In cases where victims require ongoing therapy, rehabilitation, or home healthcare services, the costs associated with these services may be recoverable as economic damages.
    • Cost of Assistive Devices: If the victim requires assistive devices like wheelchairs, prosthetics, or mobility aids due to malpractice, the cost of these devices may be included in the economic damages.
  • Non-Economic Damages:
    • Pain and Suffering: Non-economic damages are more subjective and can be challenging to quantify. Pain and suffering damages compensate the victim for physical pain, emotional distress, and suffering resulting from the medical malpractice. These damages are often determined based on the severity of the injuries and the impact they have on the victim's life.
    • Loss of Consortium: This category of damages is available to the spouse of the victim, compensating them for the loss of companionship, love, and support due to the injuries or wrongful death resulting from medical malpractice.
    • Disfigurement: If the medical malpractice leads to disfigurement or scarring, the victim may be entitled to compensation for the physical and emotional impact of their altered appearance.
    • Loss of Quality of Life: In cases where the victim's overall quality of life is significantly diminished as a result of the malpractice, they may be eligible for non-economic damages to compensate for this loss.
  • Punitive Damages: Punitive damages are rarely awarded in medical malpractice cases and are reserved for situations where the healthcare provider's actions were particularly reckless, malicious, or intentional. These damages are meant to punish the defendant and deter similar behavior in the future. Hawaii law places a cap on punitive damages, limiting them to three times the amount of economic and non-economic damages awarded, or $1 million, whichever is greater.

At Davis Levin Livingston, we understand that medical malpractice cases can be emotionally challenging for victims and their families. Our team approaches each case with empathy and compassion, offering support throughout the legal process. We prioritize your well-being and recovery, in addition to securing the compensation you deserve.

Contact us today at (808) 740-0633 to request a free case evaluation to discuss your case.

Four Decades of Record Breaking Victories

  • $104,000,000 Child Sex Abuse

    We're proud to have secured a landmark $104 million settlement for victims of abuse against Kamehameha School. This ground-breaking case marks a significant victory for the victims, with the school agreeing to settle.

  • $29,400,000 Medical Malpractice

    Physicians at Tripler Army Medical Center failed to order a crucial test that would have detected a twisted gut in a 1-month-old baby, resulting in the loss of 95% of the baby's small intestine and leading to lifelong disability.

  • $15,400,000 Wrongful Death

    The state has agreed to a $15.4 million settlement in a civil lawsuit filed by the families of two hikers who fell to their deaths on a Kauai hiking trail in 2006.

  • $15,000,000 Vacuum/Forceps Injury

    The hospital improperly attempted to deliver a post-date baby using a traumatic second-stage vacuum extraction. This extraction and the delay in delivery resulted in permanent brain damage to the baby.

  • $9,975,000 Brain Injury

    The hospital's failure to monitor an infant's rising bilirubin levels led to bilirubin encephalopathy and kernicterus, resulting in severe and permanent brain damage. A settlement of $9,975,000 was obtained.

  • $9,500,000 Medical Malpractice

    Surgeons at Tripler Army Medical Center reattached the small intestine backward during gastric bypass surgery, leading to complications that ultimately resulted in the death of a 31-year-old Army wife and mother of three.

Why Davis Levin Livingston?

  • Available by phone 24/7 & ready to help.
  • Secured tens of millions of dollars on behalf of our clients.
  • Highest malpractice judgment in U.S. history against a military hospital.
  • Includes an experienced medical team including a nursing staff to answer your questions.
  • Mark Davis and Mike Livingston have been recognized as some of the best lawyers in Hawaii.
  • Resources available to advance your expenses; no cost or fees unless Davis Levin Livingston wins your case.

Dedicated Legal Counsel You Can Count On

Helping Families throughout hawaii for over 40 years
  • "Professional, KIND, and understanding"
    They are most professional, KIND, and understanding. Thank you Matt Winter for all your help.
    - Clare T.
  • "We wouldn't have chosen any other team!"
    Mathew Winter and the whole staff of Davis Levin Livingston guided us every step of the way and made sure we understood everything that was going on. They were always so welcoming and compassionate. Communication was never a problem and emails were answered super fast, especially when we had so many questions. They
    - Maariel
  • "The absolute best firm in Hawaii. Compassion and professionalism at its best!"
    Truly a wonderful experience with everyone at the firm. I can't thank you enough for helping provide closure for my family and me during this process. The absolute best firm in Hawaii. Compassion and professionalism at its best!
    - Daniel
  • "After doing extensive research I knew that Davis Levin Livingston was the firm for me due to the success they have had in cases like mine."
    After doing extensive research I knew that Davis Levin Livingston was the firm for me due to the success they have had in cases like mine. What surprised me was their personal touch. In the 3
    - Anthony