At the Law Office of Jon S. Jacobs, LLLC, we represent people who have been injured due to the negligence of medical providers. Despite the years of training that doctors and other medical professionals receive, mistakes still happen. In medical negligence/malpractice cases, the “acceptable standard of care” question is one that must be established very early in the case. The standard of care is understood to be the generally accepted practices and procedures used by other medical professionals in the same geographic area when treating patients suffering the same disease or disorder under the same or similar circumstances.
Our Honolulu medical malpractice attorney can guide you thorough the process to get the compensation you deserve. Call (808) 468-6484 for a free consultation with our team today, or contact us online.
What Is Medical Malpractice?
Medical malpractice is when a medical professional does something wrong or makes a mistake that causes harm to someone. In Hawaii, it is important to understand the accepted standards of care for medical treatment in order to determine if medical malpractice has occurred. If you believe you have been injured due to medical negligence, a Honolulu medical malpractice attorney can help get the compensation you deserve.
Compensation for Medical Malpractice Victims
Medical malpractice victims may be entitled to several types of compensation. Commonly awarded damages include the cost of medical expenses and lost wages, as well as pain and suffering, emotional distress, and other non-economic costs. In severe cases, punitive damages can also be pursued. A Honolulu medical malpractice attorney will have knowledge in various areas of law that will help you pursue your case effectively.
What Are Common Injuries That Result From Medical Negligence?
Medical malpractice can lead to many different types of injuries. This is because medical care involves a lot of delicate work and it is important to get it right. Any mistake made by a doctor or other medical professional can cause harm and injury.
Here are a few common injuries that can happen due to medical error:
- Hospital-acquired infections: This type of infection occurs when a patient gets an infection due to insufficient sanitation at a hospital or medical facility.
- Birth injuries: Birth injuries refer to any physical or mental harm caused to the baby during delivery resulting from neglect by the healthcare providers involved in the process.
- Misdiagnosis/delayed diagnosis: This happens when a doctor incorrectly diagnoses a condition, fails to diagnose it, or takes too long to make an accurate diagnosis, which can lead to further complications and even death in some cases.
- Medication errors: A medication error is any preventable mistake involving prescription drugs such as incorrect dosage, wrong drug prescribed for treatment, etc., and can cause serious side effects including death depending on how severe it is.
- Surgery complications/surgical errors: These include anesthesia errors, wrong site surgery (operating on the wrong body part), performing the wrong surgery altogether, leaving foreign objects inside patients after surgery (e.g., sponges left inside wound) among others. This negligence can lead to additional suffering for victims and their families if not properly addressed and if proper compensation is never recovered.
Requirements for a Medical Malpractice Case in Hawaii
- Existence of a caring relationship - A medical malpractice case can only be pursued if there was a doctor-patient relationship at the time the injury occurred. Medical professionals and physicians may only be liable for malpractice if they were engaged in the treatment or diagnosis process.
- Medical negligence can be proven - A patient must be able to prove that they were harmed due to treatment lacking the standard of care.
- Medical negligence caused the injury - It must be proven that action or inaction on the part of the doctors or physician caused harm, not the patient's condition.
- Damages as a result of injury - It must be proven that the patient experienced actual damages and harm due to the doctor's failure to meet the standard of care.
Contact our Medical Malpractice Attorneys
In order to prove a breach of this standard of care, your lawyer will have to rely on testimony from expert medical witnesses, who must have extensive experience in the same type of medicine at the same level of expertise and in the same region as defendant(s). Additional medical experts are often required to testify that the standard of care breach caused patient’s injuries, and further attest to the extent of the damages.
You want a lawyer who understands the specifics of your situation. With more than
19 years of legal experience, Attorney Jon S. Jacobs can be trusted to apply his
knowledge and resources to your case and strive for optimal results.
What is the Statue of Limitations for Medical Malpractice in Hawaii?
In Hawaii, the statute of limitations for a medical malpractice lawsuit is two years. It’s important that you hire a personal injury attorney as soon as possible after your accident to get a head start on your case.
A statute of limitations is the state law that sets the amount of time an individual has to file a lawsuit. If you try to file a claim after the statute of limitations has passed, the doctor or facility you’re attempting to sue will most likely have the court dismiss the case.
Our Honolulu medical malpractice attorneys want to make sure that our clients receive full compensation to treat their injuries – don’t miss your chance to achieve justice.
Call our experienced Honolulu medical malpractice lawyers in Hawaii today at (808) 468-6484. Our attorneys can fight for your rights to compensation from your medical provider.
Proven Record of Success
19+ Years of Legal Experience
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Former Deputy Prosecutor & Insurance Defense Attorney