medical claim

Important Elements of a Medical Malpractice Claim

11 January

There are some important elements you should keep in mind when filing your medical malpractice claim. Failure to provide these important aspects may lead to having your case dismissed. Although these elements seem simple, they can become complicated as your case develops. This is why it is important you hire an experienced Hawaii medical malpractice attorney to walk you through these difficult requirements and ensure the successful outcome of your malpractice case in Hawaii.

Healthcare providers’ duty of care

Medical providers are responsible to keep their patients safe. The duty of care refers to the duty healthcare professionals own to injured patients. If you believe a health care provider owns you a duty of care, you must first prove there was a relationship at the time the malpractice occurred. The most common way of proving this element is by showing your medical records or using testimony to prove the relationship. Whether that involves a hospital, staff, vendors, and so on, more than one party may be responsible for the malpractice.

A healthcare provider must show that they did everything a medical professional in a similar situation would have done. For instance, for a doctor, the standard of care depends on what the average doctor who practices in this specific profession would do.

Breach of standard of care

Once the standard of care has been established, you must prove that the medical provider fell below this standard. In order to meet this requirement, a medical professional in the same area of practice will be hired to help evaluate the case. The expert must be competent enough to provide with an honest evaluation, even when the care doesn’t seem to fall below the requirements. This is an essential step otherwise there is not a way to prove the malpractice occurred and the case will be dismissed.


If there was a breach of the standard of care, then the medical error must have caused the injuries. Sometimes there is medical negligence that takes place yet there is no harm as a result. Also, some harm may not be linked to the malpractice. Most times, several factors or parties have contributed to the malpractice. This is why it is important you hire an experienced personal injury attorney who specializes in this specific area of law.

Statute of limitations

The statute of limitations in Hawaii is 2 years from the time the negligence occurred. In cases where the patient learns about the negligence, later on, there is an additional year to file your claim. However, claims can’t be filed longer than 6 years after the incident.

Ask your Hawaii medical malpractice attorney

If you have suffered injuries as a result of a medical provider’s negligence, your attorney can help you claim damages as long as there is sufficient evidence of the negligence. These cases can be complex requiring the expert advice of a legal advocate. To find out whether you have a case, call us today and schedule your initial case assessment.

Contact jed kurzban

While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please contact us.

1003 Bishop Street, Suite 1600 Pauahi Tower Honolulu, Hawaii 96813 808-800-2445 305-444-3503


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