Lawyers for Medical Malpractice in Hawaii
If you or a loved one has suffered due to medical negligence in Hawaii, you may be entitled to compensation. Medical malpractice cases in Hawaii are governed by strict state laws, including time limits and damage caps. It’s important to work with an experienced attorney who understands the local legal landscape.
Understanding Medical Malpractice in Hawaii
Medical malpractice in Hawaii occurs when a healthcare provider breaches the standard of care, resulting in patient harm. Common examples include:
- Misdiagnosis or delayed diagnosis
- Surgical mistakes
- Medication errors
- Birth-related injuries
- Failure to obtain informed consent
- Anesthesia errors
- Failure to monitor vital signs
- Foreign objects left in the body after surgery
- Failure to order necessary tests or lab work
- Improper discharge or aftercare
- Emergency room negligence
- Radiology errors (e.g., misread X-rays or scans)
- Hospital-acquired infections due to unsanitary conditions
- Nursing negligence (e.g., failure to report symptoms)
- Dental malpractice
- Delayed treatment of a known condition
- Negligent cosmetic or plastic surgery
- Wrong-patient or wrong-site procedures
- Failure to refer to a specialist
To s\\ucceed in a malpractice claim, the patient must prove negligence, injury, and a direct link between the two.
Hawaii Medical Malpractice Laws at a Glance
Statute of Limitations
2 years from the date of the malpractice, with a possible extension up to 6 years if the injury was not immediately discoverable. In Hawaii, if you could not have reasonably discovered the malpractice, the filing period can be extended, but in any case no claim can be brought more than 6 years after the malpractice (except for minor’s claims, which can be tolled, and cases of fraudulent concealment).
Damage Caps
Yes, Hawaii caps non-economic damages at $375,000 in medical malpractice cases. This cap applies to pain and suffering and other non-economic losses. (There are limited exceptions, such as if multiple defendants are involved, but generally $375k is the maximum for non-economic damages per case.) Economic damages (medical costs, lost income) are not capped.
Expert Testimony Required
Yes. Hawaii requires expert medical testimony to establish the standard of care and breach. Before filing a lawsuit, Hawaii also mandates that the claim be submitted to a Medical Inquiry and Conciliation Panel (MICP) – essentially a pre-litigation review. While the panel’s opinion isn’t binding, you must go through this process (or attempt to) before you can proceed to court. An expert’s input is crucial both at the panel stage and at trial.
💡 Always consult a qualified attorney for case-specific guidance.
Medical Malpractice Lawyers in Hawaii by city
Frequently Asked Questions
If you’re a civilian harmed at a military or federal facility (like Tripler Army Medical Center), you would sue under the Federal Tort Claims Act (FTCA). If you’re active duty military, you generally cannot sue for service-related medical negligence (due to the Feres doctrine). Civilians and military dependents can bring FTCA claims for malpractice at military hospitals in Hawaii, but you must first file an administrative claim with the appropriate federal agency. For non-federal (private or state) hospitals, you sue in state court like any other malpractice case.
If you’re a civilian harmed at a military or federal facility (like Tripler Army Medical Center), you would sue under the Federal Tort Claims Act (FTCA). If you’re active duty military, you generally cannot sue for service-related medical negligence (due to the Feres doctrine). Civilians and military dependents can bring FTCA claims for malpractice at military hospitals in Hawaii, but you must first file an administrative claim with the appropriate federal agency. For non-federal (private or state) hospitals, you sue in state court like any other malpractice case.
“No, typically not. Hawaii malpractice attorneys usually work on a contingency fee basis. You pay nothing upfront; the attorney only gets paid if you win or settle, by taking an agreed percentage of the award (around 33% is common, though Hawaii’s court rules provide for possible different percentages that may require court approval in certain cases). If there’s no recovery, you generally pay no attorney’s fee.”
Need Legal Help in Hawaii?
Don’t wait. If you believe you were a victim of medical negligence, explore your options today.
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