How to prove negligence in medical malpractice cases

| Mar 21, 2019 | Medical Malpractice |

There are many necessities in life for people in Hawaii that are not always fun or something people like doing. This could be paying bills, going to work, house repairs and others. One of these other things is going to the doctor. While sometimes people are simply going to the doctor for a routine check-up or for preventative care, many other times it is because they are sick or injured. These types of things will happen to people and they may need to go to the doctor for care, but people generally do not like being sick or injured.

So, when they go to the doctor they expect that they will receive the proper care and begin to heal from their injuries or illness. Most people do not understand the medical treatment needed and trust doctors will diagnose the problem correctly and treat it correctly as well. However, sometimes doctors make mistakes and may misdiagnose a problem, prescribe the wrong medication or make a mistake during a surgery. These mistakes can actually cause more damage than the person may have originally had in the first place.

The victims of these mistakes may be entitled to compensation for their injuries though by filing a medical malpractice lawsuit. However, it is not always easy to prove that the doctor was negligent. The victim must prove that the doctor fell below the acceptable medical standards in the area. This usually requires another expert who is a doctor in the area and can testify to the standard of care and whether the doctor fell below that standard of care. So, these cases are more complicated than other negligence cases.

It is a fact of life that people in Hawaii will be injured or become sick at some point in time in their lives. Sometimes these injuries and illnesses require medical treatment to be able to recover from them. Doctors generally are able to properly treat the medical issue, but they are human and make mistakes. If their mistakes fell below acceptable standards they may be required to compensate the victim for the injuries they caused. Experienced attorneys understand these complicated matters and may be a useful resource.

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Case Results

$10,000,000 – Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$10,000,000 –  Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$2,500,000 –  Medical malpractice Settlement for the family of a man who died from a reaction to the wrong drug

$2,200,000 –  Catastrophic injury Negligence leading to disabling back and neck injury

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,600,000 –  Medical Malpractice Medical negligence for a delayed diagnosis of cancer

$1,500,000 –   Whale Watch Passenger For injuries suffered to whale watch vessel passenger

$1,000,000 –  Failure To Diagnose Colon Cancer Failure to perform diagnostic tests for colon cancer by a primary care physician.

$1,000,000 –  Misdiagnosis Policy Limits For misdiagnosis of lupus of a woman that resulted in kidney failure.

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,000,000 –  Motorcycle Collision Policy Limits Automobile turned left in front of motorcycle, causing death.

$1,000,000 – Medical Malpractice Policy Limits Malpractice of a physician who delayed a diagnosis of colon cancer.

$9,500,000 – Auto Accident Client suffered back and neck injuries from a rear end collision.

$800,000 –  Medical Malpractice for an older gentleman who was not given a test for prostate cancer, resulting in undiagnosed metastasized terminal cancer.

$600,000 –  Golf Cart Collision Our client suffered serious back injuries

$500,000 –  Pedestrian Hit By Auto Underinsured Motorist Policy Our client was on the curb when a car hit her.

$443,000 –  Defective Rental Car Judgment entered by a Maui court after a nearly 3 week trial of our client who suffered a knee injury when the rental van seat was not properly attached to the floor.

$375,000 – Dram Shop (Liquor Service) Liability Our client was hit by a person, served excess alcohol.

$375,000 –  Night Club Beating Our client was illegally assaulted

$275,000 –  Slip & Fall On Premises A slip and fall case on a Chinatown sidewalk that the City has a duty to maintain, but outside a restaurant, who did regularly maintain the area. The City and restaurant were both liable.