Hawaii Medical Malpractice Lawyer

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The last thought on any patients mind is the idea that they are receiving substandard healthcare. Unfortunately, medical negligence is an everyday occurrence. Medical malpractice is among the top five causes of death in the United States. The act of malpractice is defined as negligence committed by a health care professional resulting in physical and/or economic harm to a patient. In order for negligence to be considered legally actionable, the responsibility must be directed towards someone, and a direct breach of that responsibility must occur which results in the harm or injury that otherwise would not have taken place.

Medical malpractice encompasses many different negligent acts. When researching whether or not you or a loved one has suffered from a malpractice injury, consider the following possible circumstances: surgical malpractice, medical errors, diagnosis error, emergency room errors, elder abuse, bacterial infections, failure to test order/perform necessary tests, wrong site surgery, and many more. Physician's owe their patients a professional responsibility or a level of standard care. If a patient suffers a debilitating injury or even death, due to personal injury malpractice, do not attempt a wait-and-see approach. Keep in mind that the burden of proof is on the victim (or plaintiff) in the malpractice lawsuit. Your health deserves the best medical attention.

In all states, the statue of limitations guards the time frame in which one can pursue legal action for personal injury cases. Each patient's medical predicament is unique. Consequently, the amount of time you have to file your claim can vary greatly as well. The state of Hawaii has several different time limits depending on the dilemma. In most cases, the statue of limitations starts from the date the injury was, or should have been, discovered, hence the Discovery Rule. For instance, for a case of negligence or personal injury, the course of legal action must commence within two years considering the Discovery Rule. In addition, for the case of wrongful death, the time frame runs from two years from the date of death. Also, medical malpractice cases must occur within two years with the Discovery Rule, but a maximum of six years from the date of the act. However, if the malpractice was concealed by fraud the six year rule is discounted. If you question the care you or a loved one has received, be sure to document everything and be aware of Hawaii's time constraints.

It is estimated that millions of patients are injured each year due to negligence in the hospital, and according to a recent study by the Institute of Medicine of the National Academy of Sciences, it is estimated that nearly 100,000 patients are killed each year in hospitals as a result of medical mistakes. If you are among one of the millions of patients that have been injured due to medical mistakes, or you are a family member of a loved one who has died due to medical mistakes, you will need to find an experienced medical malpractice lawyer or attorney.

A Hawaii medical malpractice lawyer or attorney should be well versed in healthcare and medical malpractice laws such as these. They will have the ability to easily navigate the law, in order to help you recover any damages you may be entitled to. Malpractice attorneys typically focus on several areas of medical malpractice, therefore finding a qualified attorney is essential. Medical malpractice law is a highly specialized area, so please seek out attorneys and lawyers whose main focus is medical malpractice law.


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