Filing a medical malpractice claim against negligent physicians

| Sep 26, 2019 | Medical Malpractice |

Doctors are legally required to adhere to the proper standard of care when diagnosing and treating patients. When a doctor fails to adhere to this standard, a patient may suffer injury due to misdiagnoses and medical errors caused by their doctor’s negligence. Victims of medical malpractice and their families may be entitled to compensation for the unnecessary harm they have endured.

If you and your family have decided to file a medical malpractice claim against your treating physician, your first step should be to contact your doctor. Your goal is to determine what went wrong and give the doctor a chance to determine whether the problem can be fixed and offer a possible solution. You can then contact the medical licensing board responsible for issuing your physician’s medical license. They may choose to discipline your doctor and give you an idea on where to go next.

In Hawaii, state law says you have two years from the day you discovered or reasonably should have discovered your injury to file your medical malpractice claim. However, you should begin the process as soon as possible. Before you file your claim, you will need to file a certificate of merit to confirm that you have a legitimate basis for your claim. The certificate of merit requires you to contact another physician to be your expert, and have them review your records. This physician will certify that the doctor who treated you did not follow accepted medical practices and caused you injury.

Once your attorney files your certificate of merit, you can then proceed with your claim. In many cases, you and your doctor may be able to reach a settlement out of court. If you are unable to reach a deal, court will be the next step. Your attorney will be responsible for preparing your case to give you the best chance at recovering damages.

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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.