In order to file a medical malpractice claim in Hawaii or elsewhere across the United States, there are quite a few bureaucratic hoops to jump through and an anxiety-inducing amount of paperwork to fill out. More importantly, there are certain limitations and rules that you must follow in order to pursue legal action.
Today, we invited our Hawaii medical malpractice attorney Jed Kurzban to spill the beans about the requirements and rules that exist in the Aloha State. Speak to a skilled lawyer to find out which requirements and limitations apply in your particular case.
Statute of limitations for medical malpractice in Hawaii
In Hawaii, the statute of limitations for medical malpractice claims allows injured people to pursue legal action within two years of discovering the injury caused by a negligent doctor, surgeon, physician, nurse, or another healthcare provider, or six years from when the malpractice occurred, whichever comes first.
These limitations are pretty strict in Hawaii, which is why the importance of filing a medical malpractice claim before the applicable deadline cannot be overstated. More often than not, it can be quite difficult to determine the “start date” to know when the deadline is.
In addition to that, people who suffered injuries or harm due to negligent or reckless actions on the part of medical professionals must fulfill certain special requirements and documents before being allowed to file a lawsuit. This factor alone can further complicate the process, which is why it is important to be legally represented by a Hawaii medical malpractice lawyer.
Filing a medical malpractice suit in Hawaii: exceptions
In order to get your wheels turning on the legal process – or, in other words, to file a medical malpractice claim in Hawaii – your complaint must be filed with the local branch of Hawaii’s civil court system. Do not attempt to fill out the paperwork without seeking legal advice from an experienced lawyer, as thousands of medical malpractice claims in the state get rejected every year simply because they were not filled out properly.
As always, there are exceptions to the general rule. Even though the statute of limitations for medical malpractice claims in Hawaii is six years from when the malpractice occurred, you may actually be able to file a lawsuit against the negligent healthcare provider if you can prove that he or she was intentionally deceiving you through fraudulent concealment so that you do not discover his/her malpractice sooner.
Hawaii’s medical malpractice laws have a different set of rules for children under 10. Children under 10 can bring a medical malpractice claim against their negligent doctors after turning 10 or within six years from the date of the negligent act or omission to act.
Pre-lawsuit requirements for medical malpractice
There are quite a few pre-suit requirements for malpractice cases in Hawaii, which can make the whole process even more confusing and exhausting. Our Hawaii medical malpractice attorney at the Kurzban Kurzban Tetzeli & Pratt P.A. explains that any injured patient who wishes to file a suit is required to file the claim with a pre-trial screening panel or submit the case Afterwardtion.
Afterward, the statute of limitations will be paused for 60 days after a decision. If the pre-trial proceedings are not completed within 12 months, the statute of limitations will no longer be paused and will start up where it left off.
For any tort action in Hawaii, the recoverable damages for pain and suffering are capped at $375,000. And since medical malpractice cases fall into the tort action category, injured patients will not be able to collect more than $375,000 for pain and suffering damages caused by a negligent healthcare provider’s actions or omission to act. Other damages in a medical malpractice case in Hawaii are not capped.
Have you been injured as a result of a doctor’s medical malpractice in Hawaii? Speak to our best lawyers in Hawaii immediately. Contact the Kurzban Kurzban Tetzeli & Pratt P.A. – Hawaii personal injury law firm to get a free consultation. Call our offices at 808-736-5035 or 305-444-3503, or complete this contact form.