Medical Malpractice in Hawaii: Understanding Your Rights and Legal Options
Medical malpractice occurs when a healthcare professional’s negligence or failure to provide proper care results in injury, harm, or even death medical malpractice hawaii In Hawaii, patients who suffer due to medical errors have the right to seek compensation for their damages If you or a loved one has been affected by medical malpractice, understanding the laws, procedures, and legal options in Hawaii is crucial for pursuing justice
What Constitutes Medical Malpractice in Hawaii?
Medical malpractice refers to any act or omission by a healthcare provider that deviates from the accepted standard of care, resulting in harm to the patient Common examples include:
● Misdiagnosis or Delayed Diagnosis – Failure to correctly diagnose a condition, leading to delayed or incorrect treatment.
● Surgical Errors – Mistakes made during surgery, such as operating on the wrong site or leaving surgical instruments inside the body.
● Medication Errors – Prescribing the wrong drug, incorrect dosage, or failure to recognize harmful drug interactions
● Birth Injuries – Negligence during childbirth that results in harm to the baby or mother
● Anesthesia Mistakes – Administering too much or too little anesthesia, leading to severe complications
Hawaii’s Medical Malpractice Laws
Hawaii has specific laws governing medical malpractice claims, and understanding these legal guidelines is essential before filing a lawsuit
1. Statute of Limitations – Patients have two years from the date of injury (or the date the injury was discovered) to file a medical malpractice claim However, no claim can be filed after six years from the date of the incident, except in cases of fraud
2 Mandatory Pre-Lawsuit Process – Before filing a lawsuit, patients must submit their claim to the Medical Inquiry and Conciliation Panel (MICP) This is a required step in Hawaii, designed to encourage settlement and reduce unnecessary litigation
3 Damage Caps – Hawaii law limits non-economic damages (pain and suffering) to $375,000 in medical malpractice cases However, there is no cap on economic damages, meaning victims can recover full compensation for medical expenses and lost wages