Seek Justice Injuries You Sustained Due to Medical Errors
Medical errors can be devastating and life-changing, affecting the patient and their loved ones. If you or a loved one has been a victim of medical errors in Honolulu, HI, it is crucial to seek the help of an experienced Medical Errors Attorney in Honolulu, HI. The healthcare industry is complex and regulated by state and federal laws, making it challenging to navigate when errors occur.
At SRB Hawaii Law, we know that medical errors can have devastating consequences for patients and their families. If you or a loved one has been affected by medical malpractice, you deserve justice and compensation. Our birth injury attorneys have a proven track record of success in representing clients in medical malpractice cases, and we are ready to help you navigate this difficult process.
If you or someone you know has been the victim of a medical error in Hawaii, don’t wait. Contact us today to schedule a free consultation and learn how we can help you get the justice and compensation you deserve.
Why Do I Need a Medical Errors Attorney in Hawaii?
If you have been injured and are seeking compensation, our medical malpractice attorney can help you in multiple ways. Here are some ways our medical errors attorney Honolulu HI can assist you.
To win your medical error injury case, it is necessary to demonstrate that the other party was at fault due to their negligence. This requires having sufficient evidence. Our team is responsible for gathering important evidence, such as surveillance footage, witness statements, or phone records, to support your case.
Our skilled medical errors attorney in Honolulu, HI, can also compile and arrange your medical records to demonstrate the full extent of your injuries and calculate all of your medical expenses. We can also obtain the necessary police or accident reports to further support your case.
File a Medical Error Injury Claim
Filing a medical error injury claim can be overwhelming, especially if you are still recovering from your injuries and don’t have the energy or focus to handle the paperwork. That’s where our medical errors attorney in Honolulu, HI, comes in. We are familiar with all of the legal formalities involved in the process and can handle the groundwork for you.
Discuss Terms With the Insurers
The legal team at SRB Hawaii Law can negotiate with the insurance adjuster to ensure that you receive the compensation you deserve. If the insurance company refuses to provide fair compensation, we may need to file a lawsuit against the responsible party.
We understand the difficulties you are facing and are committed to providing you with the support and guidance you need to achieve a successful outcome for your case.
What Constitutes a Medical Error?
Medical errors are mistakes made by medical professionals such as doctors, nurses, anesthesiologists, and radiologists during the process of diagnosing, treating, and monitoring patients. These errors may be the result of carelessness or unintentional actions.
Unfortunately, these mistakes can lead to serious consequences such as a patient’s death, a worsening of their condition, or the development of serious but non-fatal injuries or illnesses.
What Are the Most Common Medical Errors in Hawaii?
Medical malpractice occurs when a medical professional fails to provide competent care, resulting in severe injury or death to patients. Five common medical errors can give patients grounds for medical malpractice claims. If you have been a victim of any of these medical errors, SRB Hawaii Law’s birth injury medical malpractice attorney can assist you.
We can gather the evidence needed to support your claim and pursue negligent healthcare providers to obtain fair compensation for your medical bills, lost wages, and pain and suffering. Contact us today to learn about the legal options available to you.
Misdiagnosis and Failure to Diagnose
Misdiagnosis and failure to diagnose illnesses are frequent medical errors that occur due to the similarity of symptoms presented by different illnesses and because less-common symptoms are challenging to diagnose accurately. Proper diagnosis is essential for a patient’s care because it allows physicians to create effective treatment plans.
When a patient receives an incorrect diagnosis or none at all, they may not receive appropriate treatment, which can lead to severe personal injury or death.
Medication errors are a prevalent mistake made in healthcare, and patients often do not report them. There are various ways in which a prescription error can occur:
- The physician makes an error in writing the prescription
- The hospital staff administers medication improperly, such as by providing the wrong dosage
- A pharmacist improperly fills the medication
- Dangerous drug interactions are not identified before the administration
When mistakes occur during or after surgery, patients can suffer from serious medical complications or even death. These mistakes are often due to poor planning before the surgery and the actions of the surgeon during the procedure. For instance, a surgeon operating under the influence of drugs or alcohol can cause a surgical error, leading to medical malpractice claims.
These errors can have severe consequences for the patient, including infections and other complications. Surgical errors include the following:
- Operating on the incorrect body part
- Performing the incorrect procedure
- Making an incision in the wrong place
- Leaving a foreign body within a patient
- Surgically treating the wrong patient
Surgical errors can also occur following the operation, such as:
- Incorrect administration of medications or dosages
- Not adhering to postoperative procedures
- Not providing the patient with the proper postoperative recovery instructions
Anesthesia errors can result in serious injuries or even death. Common anesthesia errors include:
- Not analyzing a patient’s medical history to identify potential complications
- Not communicating vital preoperative instructions, such as not eating or drinking before the procedure, to the patient
- Administration of excessive anesthesia
- Incorrect placement of the breathing tube
- Failure to monitor the patient’s vital signs while under anesthesia
- Using defective medical equipment
Errors during childbirth can lead to harm to either the mother or the infant, and these errors can happen during pregnancy, labor, delivery, or after the baby is born. When a mother is pregnant, inadequate medical care could cause harm to both the mother and the unborn child. Mistakes made during prenatal care and childbirth may include:
- Misdiagnosis or failure to diagnose pregnancy-related medical conditions
- Failure to diagnose a mother-to-child transmissible contagious disease
- Failure to detect congenital anomalies
Among the labor and delivery injuries attributable to a physician’s negligence are:
- Not anticipating potential complications related to the size of a baby
- Ignoring fetal distress indicators
- Unaware that the umbilical cord is wrapped around the infant
- Failure to perform a cesarean section when necessary
- Improper use of vacuum extractors or forceps
Birth injuries caused by medical negligence may include:
- Cerebral palsy
- Brain injuries
- Bone fractures
What Should I Do If I Suspect a Medical Error?
If you suspect a medical error has occurred, the first step is to speak with the healthcare provider or facility involved to get more information and express your concerns. It may be possible to resolve the issue without legal action.
However, if you believe that the medical error has caused serious harm, you should consult with a medical errors attorney in Honolulu HI, from SRB Hawaii Law to determine if you have a viable claim. We can help you investigate the situation, gather evidence, and file a lawsuit against the negligent party.
It’s important to act quickly as there are time limits for filing a medical error injury claim, and waiting too long may result in your claim being barred.
Who Can Be Held Legally Liable for My Injuries Due to Medical Error in Hawaii?
When it comes to medical errors in Hawaii, several parties can be held legally liable for your injuries. These may include:
This can include doctors, nurses, surgeons, anesthesiologists, and other medical professionals who were involved in your care. If they were negligent or made mistakes that caused your injury, they may be held liable.
Hospitals and Medical Facilities
Hospitals and medical facilities can also be held liable for medical errors that occur on their premises, especially if the error was the result of systemic problems or negligence on the part of the facility.
If a medication you were prescribed caused harm due to a manufacturing defect, a failure to warn of potential side effects or other issues, the pharmaceutical company may be held liable.
Medical Device Manufacturers
If a medical device or implant you received caused harm due to a defect or design flaw, the manufacturer may be held liable.
Determining who is legally liable for your injuries due to a medical error in Hawaii can be complex and requires a thorough investigation. Our competent medical errors attorney Honolulu HI can help you identify the responsible parties and build a strong case to hold them accountable for their negligence or wrongdoing.
How Does the Medical Error Injury Claim Process Work in Hawaii?
The process for making a medical error injury claim typically involves the following steps:
Obtaining Certification From a Medical Professional
In Hawaii, if you want to file a medical error lawsuit, you need to get an opinion from a doctor who is specialized in the same field as the doctor who caused the injury. This doctor should review your case and provide their opinion that the negligent doctor was at fault.
However, if you’re claiming that your doctor didn’t obtain your informed consent before a procedure, you don’t need this certification.
Filing a Medical Error Injury Claim
You need to file your medical error injury claim with the Medical Inquiry and Conciliation Panel (MICP), which is part of the Department of Commerce and Consumer Affairs in Hawaii.
Participating in a Nonbinding Hearing With the MICP
During the medical error injury claim process in Hawaii, a hearing is conducted by a panel of three members consisting of one physician and two attorneys. You can present your evidence of the medical error, and the physician can present a defense.
The panel can provide an opinion on the case, but it is not binding, and both you nor the physician are not required to follow it.
Engaging in Settlement Discussions
When you file a medical error injury claim with the Medical Inquiry and Conciliation Panel (MICP), there may be a chance to discuss and come to an agreement with the doctor or medical facility involved in the case. This settlement negotiation can occur during the MICP claim process.
Filing a Medical Error Injury Lawsuit
If you are not satisfied with the outcome of the MICP hearing, you can file a medical error injury lawsuit within two years of the date of the medical error. But, if you didn’t know about the negligence at the time it happened, the statute of limitations will start from the time when you became aware of it or should have known about it.
Navigating the legal process of filing a medical error injury claim can be difficult, which is why it is recommended to seek the assistance of our skilled birth injury attorney. The process involves several complex steps that may be difficult to understand and handle on your own.
How to Prove Negligence in a Medical Error Injury Claim?
If a patient experiences harm due to a medical error, they may be able to take legal action by filing a medical malpractice lawsuit. However, not all medical mistakes lead to valid legal claims. To file a malpractice claim, the injury must be directly caused by negligence. To prove negligence, the patient must show:
Duty of Care
Doctors and healthcare providers are required to provide care to their patients in a way that meets the standard of care expected of a qualified doctor in similar situations. This duty of care applies to all medical professionals, regardless of their specialty, and forms a contractual relationship between the patient and the healthcare provider.
Breach of Duty
If a healthcare provider fails to provide care that meets the required standard, and it results in additional illness or injury to the patient, the provider can be held responsible for breaking their duty.
For instance, if a doctor or pharmacist doesn’t ask the patient about their medical history, allergies, or other medications, and this leads to harm, they can be held responsible for any resulting damages.
To have a valid medical error injury claim, it’s essential to prove that the medical professional’s negligence caused the injury directly.
To have a valid medical error injury claim, the patient must have suffered some harm or injury as a result of the medical professional’s negligence. The harm caused must result in either economic or emotional damage.
Economic damage may include medical bills or lost wages, while non-economic compensation may be awarded to patients who suffer long-term physical injuries, such as pain and suffering.
Does Comparative Negligence Apply to Medical Negligence Claims?
Generally, in medical negligence cases, the concept of comparative negligence, which reduces the plaintiff’s compensation if they are found partially responsible for the injury, does not apply. However, there are situations where damages may be reduced or denied if the patient did any of the following actions:
- Provided false medical history details
- Did not comply with medical directives
- Falsified the nature and cause of his or her injuries
- Acted in ways that exacerbated the severity of the illness or injury
What Are the Types of Damages I Can Recover for My Medical Error Claim?
When someone becomes a victim of a medical error, they may suffer not only physical injuries but also emotional trauma and may be burdened with medical bills and treatments. The process of recovery and moving on from such an incident can be different for each individual affected.
These damages can include economic damages as well as non-economic damages. Punitive damages may also be awarded in certain cases.
Economic damages refer to the expenses that the victim has incurred and can be proven with documentation. These damages are objectively calculable and can be quantified in currency.
If you have been injured and require medical treatment, expenses incurred from visits to hospitals or medical professionals and ongoing treatment for your injuries can be classified as economic damages. Here are some examples:
- Medical expenses, including costs for equipment, therapy, and rehabilitation, as well as anticipated expenses for ongoing treatments
- Lost wages because of an injury-related absence from work
- If the injuries hinder your ability to work, you will have a diminished earning capacity
Non-economic damages are losses that do not have a specific monetary value, such as pain and suffering, emotional distress, loss of enjoyment of life, and other similar losses. They are more difficult to quantify than economic damages and require a different method of calculation.
Our knowledgeable medical errors attorney Honolulu HI can assist you in calculating these losses. Here are some examples:
- Emotional distress
- Pain and suffering
- Loss of life’s pleasure
- Mental anguish
- Scarring and deformation
- Embarrassment and humiliation
- Loss of consortium
Medical error injury cases rarely involve claims for punitive damages, but they can happen. Punitive damages, also known as exemplary damages, are intended to serve as a warning to others and to punish the defendant for their conduct that led to personal injury.
Get the Right Legal Representation From Our Seasoned Medical Errors Attorney Honolulu HI
If you or a loved one has been the victim of a medical error in Hawaii, it is important to seek the help of an accomplished medical errors attorney Honolulu HI who can help you navigate the complex legal process and fight for your rights.
At SRB Hawaii Law, we are dedicated to providing the highest level of legal representation to our clients and helping them get the justice and compensation they deserve. Our team of attorneys has extensive experience in handling medical error cases in Hawaii and can help you identify the responsible parties, gather evidence, and build a strong case to hold them accountable.
We understand the devastating impact that medical errors can have on your life, and we are committed to fighting for your rights and ensuring that you receive the compensation you deserve. If you need help with a medical error issue in Hawaii, don’t wait. Contact SRB Hawaii Law today and learn how we can help you.
With our experience and dedication, you can trust that you will receive the best possible legal representation and achieve the best possible outcome for your case. Also, our Hawaii law firm can assist you with Wrongful Death and Facial Paralysis.