MAUI MEDICAL MALPRACTICE LAWYER
—— LITIGATION SPECIALIST ——
— AGGRESSIVE REPRESENTATION —
NO FEES UNTIL WE WIN
Empire Law’s medical malpractice attorney on Maui will answer your questions and explain your legal options. We don’t charge any fees until we have won your case. If you or a loved one have endured pain and suffering due to a medical mistake by a health professional, you may be eligible to file a medical malpractice claim or lawsuit. Don’t delay get in touch with us, your trusted Maui Medical Malpractice Lawyer.
When we get sick, we seek medical help and put our lives in the hands of trusted doctors and nurses. Most healthcare professionals work hard to provide care for their patients. Unfortunately, medical errors can happen. When a healthcare provider is negligent in providing the proper care, it can lead to serious injury and even the death of a patient.
What is Medical Malpractice?
Medical malpractice is when a health professional fails to provide the appropriate standard of care for a patient. Medical errors are frequently cited as one of the top 3 causes of death in the United States.
To determine whether you have a medical malpractice case, the following 4 facts must be established:
- Duty of care – The medical provider owed the patient a duty of care
- Breach – The healthcare professional failed to provide the recognized standard of care
- Injury – Negligence of the medical professional caused injury to the patient
- Damages – The patient’s injuries resulted in personal damages
The laws governing Hawaii’s medical malpractice are complex. You may find yourself filing a suit against health professionals themselves or the institutions they work for. It is rare for a doctor or nurse to admit their negligence. In such situations, it’s in your best interests to have an experienced medical malpractice lawyer by your side.
Our Maui medical malpractice attorney will enlist the skills of medical experts to analyze the actions of the healthcare professional. These medical experts are qualified to determine whether negligence occurred.
Empire Law’s medical malpractice team is here to answer your questions and explain the legal options available to you. We can give you the confidence and peace of mind you need to pursue the justice and compensation you deserve.
Types of Medical Malpractice
The vast majority of healthcare providers use their expertise and training to help their patients get better. Unfortunately, sometimes medical professionals make serious mistakes. This can result in unnecessary injury or death to their patients. Medical malpractice can occur due to many things such as tiredness, oversight, inexperience, or other factors that contribute to a healthcare provider making a medical mistake.
In the State of Hawaii, medical errors can be classed into two categories:
- Error of commission – A provider causes injury to a patient due to negligence
- Error of omission – A provider fails to provide and or omits the required medical care needed to their patient
If you have suffered an injury from the erroneous or careless actions of a healthcare practitioner, you may have a legal basis to file a medical malpractice claim or lawsuit against that person or the healthcare institution.
Common examples of negligence include:
- Misdiagnosis of a medical condition
- Failure to diagnose a medical condition
- Prescribing the wrong medication
- Incorrect dosage of medication
- Negligence in the emergency room
- Failure to perform surgery
- Negligence during surgery
- Inappropriate use of medical tools
- Failure to administer anesthesia properly
- Miscommunication between medical staff and the patient
- Neglecting to perform required tests
- Mismanagement of a patient’s care or treatment
- Birth injury caused by negligence during prenatal, delivery, or postnatal care
- Performing an unnecessary or incorrect surgery
The legal team at Empire Law can answer your questions and help you get the compensation you deserve.
If you are a victim of medical malpractice, it is important you get the right legal advice to help you and your family through this trying time. No matter the cause, a medical mistake can have devastating consequences that can alter a person’s life forever.
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What Damages Are Available to Victims?
Medical malpractice cases on Maui can be complicated and may take a long time to resolve. We can seek significant compensation for your personal injuries caused by medical malpractice. In Hawaii, there are 2 types of damages you can claim in medical malpractice cases: non-economic damages and economic damages.
- Non-economic damages – These damages are a result of the pain & suffering caused by medical negligence. Mental and emotional trauma can severely impact a person’s life. However, non-economic damages can be difficult to determine in monetary terms. The State of Hawaii puts a cap on non-economic damages that a person suffers.
- Economic damages – These are damages that can have an actual numerical amount assigned to them. This can include past and future medical expenses, costs from lost wages, decreased earning capacity, caregiving expenses, and other expenses incurred by a patient. In the State of Hawaii, there is no limit on the compensation patients can receive due to economic damages.
Empire Law’s Maui medical malpractice lawyer can review your case and help you determine what compensation is available to you. Our experienced medical malpractice team’s goal is to get you compensation for your injuries.
You may be able to get compensation for:
- Past, current, and future medical expenses
- Pain and suffering
- Lost wages
- Expenses for rehabilitation
- Costs associated with disability or disfigurement (e.g. equipment or specialized vehicles)
We represent victims of medical malpractice and fight to seek the maximum compensation available.
Patient Bill of Rights
If you believe your rights have been violated, our attorney, well-versed in the medical laws of our State, can give you the advice you need. Empire Law’s medical malpractice attorney will explain what your legal rights are, what you are entitled to, and how to use the law to protect your interests. We will help determine whether a healthcare professional is guilty of medical malpractice and work to hold that person accountable.
Health professionals have an ethical responsibility to provide all patients with a high standard of care. Under Hawaii law, patients have specific rights regarding the medical care they receive.
This is referred to as the Hawaii Patients’ Bill of Rights. These rights serve to protect all patients in the State of Hawaii. The law allows patients to access important information that can assist in building a strong case.
Statute of Limitations
Hawaii law imposes a statute of limitations on medical malpractice cases. All claims must be filed within a specified time. These deadlines are strict and, if filed beyond the statute of limitations deadline, a claim can be dismissed. Generally, Hawaii medical malpractice cases must be filed within 2 years from the date of the incident.
There is a provision for those who discover that they are a victim of medical malpractice well after the incident occurred. This is called the “discovery rule,” and it allows a person to file a claim within 6 months from the date a malpractice issue is discovered if the 2 year claim period has already passed.
How to Begin a Medical Malpractice Case on Maui
Filing a medical malpractice claim is a complex process. It is of utmost importance to collect the required information with enough time before the statute of limitations expires.
The State of Hawaii requires victims to prove that there is a factual basis for filing a medical malpractice complaint. There are 2 important requirements that must be met before legal action can commence:
Notice of Intent (NOI)
Written notice must be given to the health professionals and/or healthcare facilities no less than 6 months before legal action is taken. This is called “Notice of Intent” and it must comply with all the statutory requirements to be eligible for consideration.
Affidavit of Merit
Hawaii malpractice law requires the plaintiff to submit an affidavit or certificate of merit. This is to prove that there are solid grounds for a case. This must be signed by a qualified healthcare professional who is licensed to practice or teach in the same field as the defendant. This is a complex process and is best completed by a legal professional with experience in this area of law.
The affidavit of merit is a sworn statement that includes the professional opinion of the qualified medical expert and will outline what medical records were reviewed by the medical expert to arrive at their opinion. The sworn statement will outline the following:
- The medical provider owed the patient a duty of care
- The healthcare professional did not provide the recognized standard of care
- Negligence of the healthcare professional caused the injury
- The reasoning that helped the medical expert arrive at this opinion
We Will Tirelessly Fight For Your Rights
We are familiar with federal and Hawaii laws that govern medical errors. Empire Law will help you navigate your way through this process and prepare the strongest case possible for your unique situation. It’s important to get it right the first time. When we take on a case, we work like crazy to get you the maximum compensation possible for your injuries. Get an expert Maui Medical Malpractice Lawyer today.
Some of the things we do to prepare a strong case:
- Constantly keep you up to date on our progress
- Examine medical records
- Collect necessary statements and evidence
- Consult with respected medical experts
- Communicate with insurance companies
- Submit paperwork within the legally required deadlines
Empire Law’s Maui Medical Malpractice Lawyer advocates for the legal rights of our clients. Each individual situation has its own unique circumstances. When you hire our firm, you can have the confidence that our team will communicate well with you and treat you with dignity and respect at all times.
Get An Honest Analysis of Your Case from a Qualified Medical Malpractice Attorney
Empire Law is Maui’s most committed and passionate personal injury law firm. With over 23 years of legal and courtroom experience, we can help you seek the justice you deserve. Best of all, we work on a contingency fee basis meaning you won’t pay any fees until we win your medical malpractice case.
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