We understand that mistakes happen when you least expect them, but we are prepared to help
find a solution to your problem. Filing a claim should not be another step that is part of a heart
surgery procedure. Heart surgery is nerve-wracking enough. Although, if you do have surgery
and become the victim of a medical error, our Honolulu heart trauma attorneys at Kurzban,
Kurzban, Tetzeli, & Pratt P.A. are by your side, ready to help you through the claims process.
Heart Trauma Statistics
According to the CDC, heart disease is the leading cause of death in the United States. 1 in every
4 deaths is due to heart disease. A heart attack happens every 40 seconds. Approximately
500,000 open-heart surgeries are performed yearly in the United States. Unfortunately, with that
many surgical procedures occurring, complications are bound to arise.
Complications can occur inside the operating room and outside. Some of the negligent medical
mistakes that can occur:
- Failure to diagnosis or misdiagnosis
- Medication errors
- Surgical errors
- Failure to treat a patient’s condition
The Medical Malpractice Laws In Honolulu, Hawaii
The statute of limitations for medical malpractice claims in Hawaii is two years, starting from the date of the negligence. Although, if a patient does not learn of the negligence, they must be granted an additional year to file the claim starting from the date of discovery.
The attorney must file the claim to the Medical Claim Conciliation Panel at the Department of Commerce and Consumer Affairs. A hearing will be scheduled where the patient will present their claims. For a medical professional to testify on the defense’s behalf that there was medical negligence, it must be proved that the patient’s bad result was an avoidable error on the negligent doctor’s part.
If the case does not settle, the patient can take the lawsuit to trial.
Proving Medical Malpractice
In Honolulu, four criteria need to be met for a medical malpractice claim to be taken to a court
hearing.
- Duty. The medical professionals owe their patients a standard level of care that other
competent medical professionals would provide. - Breach. The attorney must prove that the medical professional failed to serve their duty of
proper care for their patient. - Causation. Proof of a breach of duty caused the injury.
- Damages. The patient will be responsible for proving they suffered from loss of wages,
medical bills, and non-economic damages.
In Hawaii, the “I’m Sorry” law allows medical professionals to apologize or give condolences to the victim without the gesture being used as evidence of guilt. However, if the medical professional does admit guilt, the attorneys can introduce it as evidence In court.
Contact A Honolulu Heart Trauma Attorney
Let an attorney conduct the proper research to provide the necessary evidence for your heart trauma claim. At Kurzban, Kurzban, Tetzeli, & Pratt P. A., our Honolulu heart trauma attorneys‘ mission is to secure your entitled compensation. If you or a loved one has suffered from heart trauma due to the negligence of a medical professional, contact us by clicking here or by calling us at 808-736-5035.