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Honolulu Personal Injury Law Blog

A review of negligence as the grounds for a personal injury claim

This Honolulu-based personal injury legal blog has provided to its readers a number of informative posts that have discussed numerous ways that victims of personal injuries may encounter their harm. Victims are made through vehicle and boat accidents, the use of unsafe products and accidents at poorly maintained properties, and through poor care and attention by medical professionals. Although the ways in which personal injury victims are made are unique, there is generally one common element that ties all of their incidents together into a single legal theory: negligence.

Negligence happens when a person does something they should not have done or does not do something that they should do. The negligent party generally has a duty of care to their victim and through their actions or inactions they fail to meet that duty. As a result of the negligent party's conduct the victim suffers injuries and losses and has a case for the recovery of their damages.

What can be done after a surgical mistake?

A surgical procedure may be deemed necessary by a person's doctor to remedy a medical problem that cannot be fixed with less invasive treatments. It may be needed to fix a muscular or organ-based ailment in a Hawaii resident, or it may be needed to remove a mass or tumor from a location in the patient's body. Many surgical procedures carry with them risks and patients must be made aware of those risks before they consent to undergo the operations.

However, in some instances patients suffer surgical errors that do not have anything to do with the possible risks associated with their procedures. These errors occur when the doctors and medical personnel responsible for their care make mistakes and undertake surgeries that do not meet their patients' needs. For example, if a person requires surgery on their left shoulder but their doctor does the operation on their right shoulder, that patient is the victim of a surgical mistake and may have a claim for medical malpractice.

The nuisance that can endanger neighborhood children

The weather is suitable almost year-round for children to play outside in Hawaii, which is good when you want to get them out of the house and away from video games, but can be worrisome if some of your neighbors have attractive nuisances on their property. This does not include the neighborhood bully or the annoying ice cream truck that drives down the street several times a week. An attractive nuisance is a legal term for something on a neighbor’s property that could threaten your child’s safety.

To understand the definition of an attractive nuisance, consider the items and features in your yard that might bring curious children over. Do you have a swimming pool, deep pond or fountain? What about a riding lawnmower with its keys in the ignition parked at the side of your house? Does your dog that is not too friendly with strangers spend most of his time in the backyard? Any of these things are attractive nuisances because they can prove too attractive for local kids to resist, and they may cause harm.

Distracted driving can be the cause of car accidents in Hawaii

Not more than a few decades ago, young drivers were warned to avoid drunk driving, to operate within the posted speeds of the roads and to take their time when making maneuvers on streets and highways. While all of those precautions are still relevant today, new Hawaiian drivers now must contend with a myriad of other hazards that simply did not exist when their parent were learning to drive. In particular, hand-held devices like cellphones are a modern and major form of distraction to drivers of all ages, and they are a threat to the personal safety of all individuals on Honolulu roads.

A cellphone takes a driver's eyes off of the road and diverts them to the screen of the device the driver has chosen to use. In essence, a cellphone is a distraction and a danger to the driver, their passengers and everyone else they encounter. Distractions come in many other forms, all of which can put drivers and other motorists in harm's way.

Nursing home neglect is a serious legal matter

Not every injury that occurs in a Hawaiian nursing home is a case of abuse or neglect. However, it is sadly common for residents of these types of facilities to suffer serious and sometimes life-threatening harm when they receive substandard care. Negligence is often the basis for nursing home abuse and neglect claims, and this post will introduce some of the ways that it may factor into a personal injury case.

A nursing home may be negligent in its duty to its residents if it does not employ the proper personnel to meet the residents' needs. This can include situations where employees are not properly trained on providing for the residents, and it can also include cases of inadequate staffing. Nursing home injuries can happen when the residents are not properly supervised or given the support that they require.

Helping you take action following a diagnostic error

When we think of Hawaii, we often think of paradise and a happy place to be. While the weather and atmosphere are pleasant on the islands of Hawaii, this does not mean bad things do not occur. Resident get sick or injured just like anyone else, and when this occurs, they too rely on the expertise of medical professionals. Unfortunately, the work of doctors is not always sound. Errors and mistakes could occur, causing a patient to suffer harms. When medical error happen, it is possible for injured patients to take action, helping them hold a negligent medical professional accountable while also seeking a monetary award for his or her losses.

When problems occur during and following medical care, we don't' often think medical malpractice right away. In fact, we are often led to believe it was a risk associated with the treatment plan. But what if a patient was administered the wrong treatment plan? The attorneys at Turbin Chu Heidt, Attorneys at law, understand that diagnostic errors can happen. Our law firm is also aware that misdiagnoses are the frequent cause for worsened conditions and even death of patients. Thus, we are devoted to helping injured patients in the Honolulu area understand and exert their rights.

Representation for vacation accident victims

Hawaii is often described as a paradise. With its endless beaches and unique culture, there is no question why tourists from across the world seek it out as a vacation destination. However, when accidents happen and individuals find themselves suffering from injuries caused by others, getting help in paradise can be an absolute nightmare.

What should a tourist do if they are hurt in a car accident? Are there steps that they should take if they suffer an injury while staying at a hotel or resort? Is there recourse against a restaurant or shopping establishment that a personal injury victim can take if the fall while on that business's land? The victim of an incident may have many questions about what they can do to protect their rights but may not know where to look for help.

Medication errors are a preventable form of medical malpractice

Certain illnesses and ailments are treatable by pharmaceuticals. For example, if a Honolulu resident is unfortunate enough to come down with strep throat, their doctor may prescribe them an antibiotic to treat the infection and help them regain their health. In hospitals, offices and treatment centers throughout the country, individuals are given medications to improve their conditions and help them get better.

However, while one medication may improve the condition of a suffering patient, the wrong medication may do them extensive harm. Medication errors are an unfortunately common form of medical mistake and can form the basis of medical malpractice claims against negligent health care providers. What makes medication errors so frustrating is the fact that they can be prevented with proper patient instruction and follow-up care.

Do not fall victim to hidden injuries after a car accident

Although many people journey to Hawaii for fun, the islands are not immune to the epidemic of auto accidents that plagues the rest of the United States. In 2017 alone, 101 fatalities occurred on Hawaiian roadways. This is a decrease from the previous year, which saw 112 fatalities. 

Fortunately, many people involved in auto accidents do not sustain serious injuries, but it is still critical to see a doctor. A car accident, similar to any other traumatic event, causes adrenaline to run high, so you may not be aware a certain part of your body hurts at the moment. Seeing a doctor immediately will inform you of whether you sustained any serious, hidden injuries. Knowing this information as soon as possible will help immensely with your insurance claim. 

How long do I have to file a wrongful death claim in Hawaii?

The death of a loved one can be a traumatic event for a Hawaiian family to get over. In fact, it may take the members of the affected family years to come to terms with their loss and to find ways to move themselves forward without their loved one by their sides. Unfortunately, though, the law does not permit individuals much time where they may legally bring a lawsuit against the party that caused their loved one's wrongful death.

A wrongful death claim is one based on the losses that survivors experience when someone close to them perishes in an accident or incident. Under Hawaiian law, survivors through an executor may bring a lawsuit up to two years after the incident that caused their loved one's death. If they wait too long and the statute of limitations runs, they may be barred from collecting the damages they were rightfully entitled to for their losses.

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