Compensation for pain and suffering for medical malpractice

| 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.

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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.