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Compensation for pain and suffering for medical malpractice

On Behalf of | Apr 26, 2019 | Medical Malpractice |

Before a person can be licensed as a doctor in Hawaii, they must complete extensive education and training. This is because they have a very important and very complicated job. They are in charge of identifying and providing the proper care for the very large number and types of injuries and illnesses that people may suffer. So, when people go to doctors when they are hurt or sick, they expect that the doctors will do everything within their control to help them heal.

However, doctors are humans just like everyone else and from time to time they make mistakes. Unfortunately though, their mistakes can have very serious consequences for the patients they are treating. The patient can actually end up with more serious problems than when they first went in. If this occurs the patient may be entitled to compensation to treat the new problems through a medical malpractice lawsuit. This compensation can pay for additional medical bills and other damages such as pain and suffering.

Medical bills are relatively easy to determine as the medical facility can provide the exact amount of the services. However, determining the compensation for pain and suffering is not as easy, as it is internal and subjective. In determining the amount, the court analyzes the severity of the injury, ongoing complications the person suffers, the age of the person, preexisting injuries and other factors. There is not a lot of guidance given for determining the compensation for pain and suffering but it is capped at $375,000.

Doctors in Hawaii cannot heal all injuries and illnesses, but they are expected to do everything within their power to do so. Unfortunately this does not always occur though and mistakes are made from time to time and they have serious consequences for the patients. These victims may be entitled to compensation which can include both economic losses and pain and suffering. These are very complicated matters though and consulting with experienced attorneys may be beneficial.