Hawaii’s Leading Medical Malpractice Lawyers

This type of malpractice results when a medical provider causes injury or death by not adhering to the required standards of care. Leavitt, Yamane & Soldner advocate for patients and their families who have been severely harmed by hospitals or medical professionals who breach these standards. 

Errors often arise in hospitals that do not enforce necessary safety protocols. Unfortunately, many healthcare facilities tend to deny accountability for their actions. Leavitt, Yamane & Soldner have a strong track record of holding these providers responsible, ensuring that those who have been catastrophically injured receive the compensation they rightfully deserve.

What Is Medical Malpractice Under Hawaii Law?

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and causes injury to a patient.

In Hawaii, malpractice claims generally require proof that:

• A provider owed a duty of care
• The provider breached that duty
• The breach caused injury
• The injury resulted in damages

These cases often require expert medical testimony to establish the proper standard of care.

What Types Of Medical Errors May Lead To Malpractice Claims?

Medical malpractice can arise from many types of preventable healthcare mistakes.

Common examples include:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Medication mistakes
• Birth injuries
• Anesthesia errors
• Failure to monitor patients
• Emergency room negligence
• Hospital-acquired infections due to negligence

Not every poor outcome is malpractice. The key issue is whether the provider failed to act reasonably under accepted medical standards.

What Must Be Proven In A Hawaii Medical Malpractice Case?

To succeed in a malpractice case in Hawaii, a patient must generally prove:

1. A doctor-patient relationship existed
2. The provider breached the applicable medical standard of care
3. The breach caused harm
4. The harm resulted in measurable damages

Because medical standards are technical, expert witnesses are typically required.

Is There A Medical Claims Review Process In Hawaii?

Yes. Hawaii law requires most medical malpractice claims to go through the Medical Inquiry and Conciliation Panel (MICP) process before filing a lawsuit.

Hawaii governs the MICP Revised Statutes Chapter 671 and serves as a preliminary review step. The panel evaluates the claim and may encourage settlement discussions before formal litigation.

Participation in the MICP process is generally mandatory before proceeding to court.

What Is The Statute Of Limitations For Medical Malpractice In Hawaii?

Under Hawaii Revised Statutes §657-7.3, medical malpractice claims generally must be filed within two years of when the injury was discovered, or reasonably should have been discovered.

There is also an overall cap of six years from the date of the alleged malpractice in most cases.

Because these deadlines are complex and strictly enforced, early legal evaluation is critical.

What Compensation Is Available In A Hawaii Medical Malpractice Case?

Compensation may include:

Economic damages:

• Medical expenses
• Future treatment costs
• Lost income
• Loss of earning capacity

Non-economic damages:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Hawaiian law places certain caps on non-economic damages in medical malpractice cases under HRS Chapter 663.

Understanding these limits requires careful legal analysis.

What Are Common Signs Of Possible Medical Malpractice?

Patients may consider consulting an attorney if they experience:

• A serious condition that was missed or delayed in diagnosis
• Unexpected surgical complications
• Worsening symptoms after treatment errors
• Medication overdoses
• Birth injuries that may have been preventable

Not every complication is malpractice, but patterns of deviation from accepted care may warrant review.

How Do Medical Malpractice Cases Differ From Other Injury Cases?

Medical malpractice cases are typically more complex than standard personal injury claims because they:

• Require expert medical testimony
• Involve specialized procedural requirements (MICP)
• Often includes highly technical evidence
• May involve hospital systems or multiple providers

These cases also tend to require extensive documentation review and consultation with specialists.

Can You File A Wrongful Death Claim For Medical Malpractice In Hawaii?

Yes. If medical negligence results in death, surviving family members may pursue a wrongful death claim under HRS §663-3.

Wrongful death claims may seek compensation for:

• Funeral expenses
• Loss of financial support
• Loss of companionship
• Emotional suffering

Medical malpractice wrongful death cases often involve both Chapter 671 and wrongful death statutes.

How Can Hawaii Medical Malpractice Lawyers Help?

Medical malpractice attorneys can:

• Evaluate whether the standard of care was breached
• Consult independent medical experts
• Navigate the MICP process
• Calculate long-term damages
• Negotiate settlements
• File lawsuits when necessary

These cases require thorough preparation and careful legal strategy.

Frequently Asked Questions

1. Do I need an expert witness?

Yes, you typically need an expert witness in medical malpractice cases. Their testimony is crucial to establishing the relevant medical standard of care that should have been provided.

2. How long does a malpractice case take?

Medical malpractice cases usually take longer to resolve compared to other types of injury cases. This is largely due to the extensive investigation and procedural steps required throughout the process.

3. What if I signed consent forms?

Signing consent forms does not absolve healthcare providers from liability for negligence. Patients can still pursue valid claims if they experienced substandard care, regardless of any forms they may have signed.

4. Are there damage caps in Hawaii?

Yes, Hawaii law imposes specific limits on non-economic damages in medical malpractice cases. It is advisable to consult with an attorney who can clarify how these caps may impact your situation.

5. What if the malpractice occurred at a military or federal facility?  

If the malpractice took place at a military or federal healthcare facility, your claim may be governed by the Federal Tort Claims Act (FTCA). This law involves unique procedures and deadlines, so it’s important to understand the specific requirements applicable to such cases.

Contact Hawaii’s Leading Medical Malpractice Lawyers

Our attorneys are also familiar with the Hawaii health care profession and insurance companies. In the event you have been the victim of medical malpractice in Hawaii, you must beware of the protection that the law offers you and your loved ones, as well as its drawbacks.

Our skilled and experienced Honolulu medical malpractice attorneys of Leavitt, Yamane & Soldner successfully represent families wrongly injured by medical negligence. Contact us today at 808-537-2525 for a compassionate and confidential discussion of your case and the legal options available to you and your family.