More than a million Americans are injured due to medical malpractice each year. When we go to a doctor or surgeon, many of us do not think even for a second that something could go wrong. That’s how much trust we place in medical professionals in this country.
But if you are reading this right now, chances are your treatment or surgery has recently gone wrong, and you are trying to get answers on how to receive compensation for all the injuries, harm, and damages caused by the poor medical treatment, misdiagnosis, lack of consent, failure to treat, or any other medical error.
Determining if a medical error constitutes medical malpractice
“As you may or may not know, in order to sue a doctor, physician, nurse, surgeon, or any other healthcare provider for medical malpractice, you need to demonstrate evidence proving that another reasonably prudent and careful doctor would not have made the same mistake under similar circumstances,” explains our Hawaii medical malpractice attorney at Kurzban, Kurzban, Tetzeli and Pratt, P.A.
It goes without saying that all medical professionals are trying to adhere to the highest standard of care, but sometimes, negligence or carelessness on the part of the healthcare provider prevails and causes personal injury to a patient.
Contacting the healthcare provider as a first step
Some people jump straight into filing a medical malpractice claim without contacting the medical professional involved or consulting with a lawyer first. It is essential that you contact the doctor, nurse, surgeon, or any other healthcare provider whose alleged medical error caused your injury.
It might seem counterproductive, but doing so is vital, as many times, medical professionals can help determine whether you are dealing with something that can be remedied (and if so, it is best to remedy is as soon as possible without having to waste time on jumping through legal hurdles and litigation).
More often than not, if a medical professional admits that he or she committed a medical error, they will be willing to perform services to correct the error. Typically, this is free of charge. But do not hesitate to consult with an experienced medical malpractice attorney in Hawaii to determine whether it is reasonable to accept the healthcare provider’s offer to remedy the problem.
Contacting the relevant medical licensing board
“Okay, so I have spoken to the healthcare provider involved in my alleged medical malpractice case, do I also need to notify the licensing board that governs medical licenses?” you may be wondering.
Oftentimes, contacting the relevant medical licensing board is important if the medical professional whose alleged medical error caused your injury refused to remedy the problem or even refused to admit that he or she failed to exercise the highest standard of care.
While licensing boards do not have the power to order the negligent doctor to compensate for your injuries and damages, they can issue warnings and/or discipline to the medical professional involved.
Filing a medical malpractice claim in Hawaii
Now, after contacting the relevant licensing board, you are facing the decision: To file or not to file a medical malpractice claim to recover damages. To answer this question, you will need a free consultation from a Hawaii medical malpractice attorney.
However, do keep in mind that there are time limits for bringing a medical malpractice claim in Hawaii. Speak to a lawyer from Kurzban, Kurzban, Tetzeli and Pratt, P.A., to determine if it makes any sense to file a medical malpractice lawsuit. Schedule a free consultation by calling at 808-736-5035.