Medical Malpractice Representation in Honolulu, HI
Patients place their trust in medical professionals to provide competent care, accurate diagnoses, and appropriate treatment. When that trust is broken by negligence or error, the consequences can be life-changing. In Honolulu, victims of medical malpractice have the legal right to pursue compensation. Andre S. Wooten, Attorney At Law, represents individuals and families who have been harmed by healthcare providers in hospitals, clinics, and other medical facilities throughout Hawai‘i.
Defining Medical Malpractice in Hawaii
Medical malpractice occurs when a healthcare provider’s actions fall below the accepted standard of care, resulting in injury, worsening of a condition, or wrongful death. The “standard of care” refers to what a reasonably skilled and competent medical professional would have done in the same situation.
Legal Criteria for a Malpractice Claim
In Hawaii, a valid medical malpractice claim must show that a provider had a duty to the patient, breached that duty through negligence or omission, caused an injury directly because of that breach, and that the injury led to significant damages. These elements are essential to every claim and must be supported by strong evidence, including medical expert testimony.
Common Types of Medical Negligence in Honolulu
Misdiagnosis or Delayed Diagnosis
Failure to diagnose a condition accurately or in a timely manner can lead to inappropriate or delayed treatment. This may allow a medical issue to worsen or become untreatable. Misdiagnosed conditions often include cancer, infections, heart disease, and strokes. These cases require a comparison of the provider’s actions to what another qualified doctor would have done under similar circumstances.
Surgical Errors
Mistakes made during surgery can have serious or fatal consequences. Examples include wrong-site operations, retained surgical instruments, anesthesia errors, or damage to surrounding organs. Even routine procedures can result in complications if basic surgical standards are ignored.
Medication and Prescription Mistakes
Errors in medication involve prescribing the wrong drug, incorrect dosage, dangerous drug combinations, or mislabeling by a pharmacist. These mistakes can lead to adverse reactions, internal damage, or life-threatening complications.
Birth Injuries
Labor and delivery carry risks that must be properly managed by attending physicians and nurses. Failure to monitor fetal distress, respond to complications, or act quickly in emergency situations may result in injury to both the infant and mother. Common outcomes include cerebral palsy, shoulder dystocia, and brain injury due to oxygen deprivation.
Infections and Lack of Aftercare
Post-operative infections, failure to monitor recovery, or discharging a patient too early can all be grounds for a malpractice claim. Hospitals and providers must follow hygiene protocols and ensure proper follow-up, especially in high-risk cases.
Legal Process for Pursuing a Malpractice Claim
Medical malpractice claims are complex and heavily regulated. Hawaii requires a preliminary review process before any lawsuit can proceed in court.
Medical Inquiry and Expert Review
Before filing a claim, the injured party must submit the case to the Medical Inquiry and Conciliation Panel (MICP) in Hawaii. This panel reviews evidence and expert opinions to determine if the claim has merit. While not a trial, this step is mandatory and can influence settlement discussions or lead to approval to proceed with litigation.
Filing the Lawsuit
If the MICP process supports the claim or does not resolve the issue, a formal civil lawsuit may follow. The injured party must present detailed medical records, expert testimony, and documentation of damages. The legal process may involve extensive discovery, depositions, and settlement discussions before reaching trial.
Statute of Limitations in Hawaii
Victims must file a medical malpractice claim within two years of discovering the injury, but no later than six years from the date of the alleged malpractice. For minors or patients with mental disabilities, exceptions may apply. Prompt legal action is critical to preserving the right to file.
Types of Damages in Medical Malpractice Cases
Patients harmed by medical negligence may pursue compensation for economic and non-economic losses. These may include:
Medical Costs and Future Care
Injuries caused by malpractice often require additional surgeries, treatments, therapy, or long-term care. Documentation of these expenses helps establish the financial impact of the negligence.
Lost Wages and Loss of Earning Capacity
If the injury results in an inability to work, temporarily or permanently, claims may include lost income and diminished earning potential over time.
Pain and Suffering
Physical pain, emotional trauma, and reduced quality of life may be considered in determining compensation. These damages are often contested and require compelling documentation.
Wrongful Death
If malpractice results in death, surviving family members may file a wrongful death claim to seek damages for funeral costs, loss of companionship, and future income the deceased would have provided.
Legal Representation in Honolulu for Malpractice Victims
Medical malpractice cases are aggressively defended by hospitals, physicians, and insurance companies. Victims often face overwhelming legal and procedural challenges when pursuing a claim alone.
Andre S. Wooten, Attorney At Law, provides focused and knowledgeable legal representation to individuals harmed by negligent medical care. He assists clients throughout Honolulu in understanding their rights, gathering evidence, working with medical experts, and building a case that reflects the full scope of the harm suffered. His commitment is to achieving accountability through proper legal channels and securing fair outcomes for those wrongfully injured by trusted professionals.
Representation Across O‘ahu and Honolulu Medical Facilities
From large hospitals such as Queen’s Medical Center and Straub Medical Center to private clinics and outpatient facilities, malpractice can occur in any healthcare setting. Andre S. Wooten serves clients across the island of O‘ahu, helping them navigate complex malpractice claims with clarity and persistence.
For individuals searching for a
medical malpractice lawyer in Honolulu, HI, legal support from a trusted advocate can make all the difference in holding negligent providers accountable and securing the compensation needed to move forward.