Maui Medical Malpractice Attorneys
When you or a loved one suffer personal injuries because of a negligent physician or another medical provider, Hawaii law entitles you to pursue a compensation claim for your injuries and damages.
You should be able to rely on your health care practitioner to give you the best possible care that their education, training, and experience can provide. Unfortunately, in far too many instances, health care providers fail to provide the proper care and treatment to their patients. If they become careless, sloppy, or even reckless with their patients’ health, serious and preventable misdiagnoses, treatment errors, surgical errors, medication errors, and other harmful mistakes and omissions can occur.
If you believe you or a loved one is a victim of medical malpractice, we recommend you obtain legal advice from an experienced medical malpractice lawyer. Matt Menzer has over 30 years of experience successfully handling medical negligence cases. He and the team at Menzer Law Firm have the knowledge, skills, and experience you need to aggressively pursue these kinds of specialized claims.
Call Menzer Law Firm at 808-400-3726 to schedule a free consultation.
What Is Medical Malpractice in Hawaii?
Medical malpractice, also referred to as medical negligence or a medical tort, is a medical provider’s failure to uphold the appropriate standard of care, which results in harm to a patient.
Hawaii defines a medical tort as the rendering of professional service without informed consent, or an error or omission in professional practice, by a healthcare provider, which causes death, injury, or other damage to a patient.
A poor outcome or complication arising from medical treatment is not always malpractice. Physicians have to make judgment calls, and as long as they fall within the applicable standard of care, they are not considered negligence.
Common Maui Medical Malpractice Cases
- Errors in Diagnosis, including Delayed Diagnoses, Misdiagnoses, and Failures to Diagnose
- Medication Errors, including Incorrect Doses, Inappropriate Drugs, and Preventable Drug Interactions
- Nursing and Hospital Errors, including Incorrect or Delayed Treatments, and Hospital-Acquired Infections
- Surgical Errors, including Anesthesia Errors, Incorrect Procedures, Procedures Poorly Performed, and Foreign Objects Left in the Body
Who Can Be Held Responsible for Medical Malpractice?
You can file a Hawaii medical malpractice claim against any licensed health care provider or facility. This includes physicians, nurses, physical therapists, mental health care providers, dentists, hospitals, surgery centers, and other treatment facilities.
Your Legal Rights Following Medical Malpractice in Hawaii
When you believe that you or a loved one has been the victim of a medical tort on Maui or anywhere in the State of Hawaii, it is essential that you talk to an experienced and knowledgeable malpractice lawyer about your possible legal remedies. Medical malpractice can cause you significant harm and impact the rest of your life. It can lead to the loss of your parent, spouse, or child.
In Hawaii, you must adhere to a specific process if you hope to obtain compensation for a medical tort.
The Medical Malpractice Claim Process Includes:
- Obtaining a certification by a medical expert. Hawaii requires that you have a physician in the same specialty relevant to your case review your circumstances and provide an opinion that the doctor was negligent. Certification is not necessary if you claim your physician failed to obtain informed consent.
- Filing a claim with the Medical Inquiry and Conciliation Panel (MICP) at the Department of Commerce and Consumer Affairs.
- Going through a non-binding hearing with the MICP. A three-person panel consisting of one physician and two attorneys will preside over a hearing. You can present your evidence of medical negligence, and the physician can defend themselves. The panel can offer an opinion, but neither you nor the physician must adhere to it.
- Conduct settlement negotiations. During the MICP claim process, you may have the opportunity to negotiate a settlement with the physician or medical facility.
- Filing a lawsuit if you are unable to resolve the medical malpractice claim through the MICP hearing process. Generally, you have two years from the date of the negligence to file a medical malpractice lawsuit. However, if you were unaware of the medical malpractice when it occurred, the statute of limitations begins to run when you knew or reasonably should have known of the negligent act.
Talk With an Experienced Maui Medical Malpractice Attorney About Compensation
Physicians, hospitals, and their insurance providers are usually reluctant to admit wrongdoing or pay out what your claim is truly worth. The insurer may claim there was no medical negligence at all, or that whatever mistake was made did not cause your injuries. Or, the insurance company may raise the issue of comparative negligence which means that if you are partially responsible for your injuries, your compensation may be reduced or barred entirely.
Menzer Law Firm is not intimidated by medical providers or their insurance companies who deny responsibility for their actions. We have many years of experience fighting for victims of medical negligence and pursuing the maximum compensation for their injuries and damages, including:
- Economic Damages, also known as special damages, which include medical bills, prescription drugs, at-home care and supplies, therapy bills, mental health care, lost wages, and loss of future earning capacity. The law does not cap or limit these damages so you can receive full compensation for your economic injuries, including your past and future medical expenses and lost wages.
- Non-Economic Damages, also known as general damages, include pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium. Hawaii caps non-economic damages at $375,000 for victims of medical malpractice.
- Punitive Damages, which are meant to punish the wrongdoer, can be obtained if you can prove by clear and convincing evidence that the medical provider acted f intentionally, willfully, wantonly or with gross negligence.
Contact Menzer Law Firm
To schedule a free initial consultation, submit your information through our online form or call 808-400-3726. Our law offices handle medical tort claims that arise in Kahului, Kihei, Lahaina, Wailuku, the rest of Maui County and all of the neighbor Islands. Wherever the negligent medical care occurred in Hawaii, we are here to help.
We accept cases on a contingency fee basis. There are no upfront costs, and you only owe us a fee if we obtain compensation for you.
