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Medical malpractice law in Hawaii 101

Posted by attorney John Phillips

Medical malpractice law in Hawaii is a very complicated matter and can bring on a great amount of stress. A malpractice case can involve any of the following cases; a misdiagnosis or a failure to diagnosis a condition or disease, it can also be that treatment was not received or not received in a timely matter. Try to be prepared for all proceedings. A malpractice case can be brought on any health care provider.

Hawaii State Malpractice Laws at a Glance:

Hawaii State Tort Law Statute of Limitations Two years from date injury was discovered but not longer than six years from act

Damage Award Limits Pain and suffering limit of $375,000

Joint Defendant Liability When defendant's negligence is deemed under 25%, damages will be proportionate to amount of fault

Expert Witness No stipulations for witnesses Attorney Fees Fees to be approved by court

Limitations on Medical Malpractice Law in Hawaii

There is a current limit of $375,000 set for pain and suffering. This limit however does not affect non-economic damages. You must file all cases within two years of the occurrence of the incident. If your case involves an object left in the body you must file within one year of the occurrence. If the case involves a minor you have until the child's tenth birthday to fill for malpractice. In cases that involve joint or several liabilities the parties are responsible for paying 100 percent of the judgment. If one of the defendants cannot pay their part then the other is responsible for the whole amount.

Medical malpractice law in Hawaii has no limits on what an attorney can charge for there fees. When you are interviewing attorneys you want to be sure that you are fully prepared. Be sure to take all paperwork with you, and have all the information you need with you. You do not want to have to come back and take more of your time and the attorney's. All claims that full under $150,000 will be subject to mandatory nonbinding arbitration.

Expert Witness

Unlike many other states in the US, Hawaii has no special rule regarding expert witnesses. To be on the safe side you should consider having one, and be sure that you get all necessary paperwork from that provider.

Collateral

Medical malpractice law in Hawaii states that a defendant may not try to reduce the amount in the judgment due to payments or money already received by the plaintiff, this includes money from insurances. You should be considering a specialty lawyer for your medical malpractice case. They have the experience you will need. They will have all the technical terms under control; this is an important aspect so your case does not get dismissed due to an error. They can give you the guidance you need for a case that can be lengthy and can give you the strength that you will need.

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