Although medical malpractice is not a rare occurrence in Hawaii and elsewhere in the U.S., do not expect to be entitled to sue health care providers every time your medical condition gets worse or something in your treatment does not go according to the plan or promise.
Not every situation in which your medical treatment goes wrong qualifies for a medical malpractice lawsuit. We invited our Hawaii medical malpractice attorney from Kurzban, Kurzban, Tetzeli, and Pratt, P.A., to explain when it is medical malpractice and when it isn’t.
Situations in which you cannot sue for medical malpractice
More often than not, patients whose medical condition deteriorated during the course of treatment believe that they have a right to seek compensation under the legal theory of medical malpractice.
Just because your condition worsened, it does not necessarily mean that the doctor was negligent or reckless. In fact, there is no guarantee that you will respond to a certain treatment the same way other people do. Let’s accept the fact that doctors are not all-powerful and they cannot be expected to treat and cure all injuries and illnesses.
If a doctor adhered to the highest standard of care when treating you as his or her patient, you will most likely not be able to sue him/her for medical malpractice just because your condition does not get better or, on the other hand, got worse in the course of the treatment.
The same can be said about medical conditions that are untreatable. Some injuries, illnesses and health problems cannot be treated or eliminated altogether. If your condition has been properly diagnosed and the doctor provided you with the treatment and care any other prudent doctor would provide you with under the same circumstances, you will most likely not be able to file a medical malpractice lawsuit just because your condition is untreatable or terminal.
However, in no way does it mean that you should not even try. It is always a good idea to consult with an experienced medical malpractice lawyer in Hawaii to find out whether or not your particular case qualified for a medical malpractice case.
Situations in which you can sue for medical malpractice
But in which scenarios doctors can and should be sued for medical malpractice? The most common basis for medical malpractice lawsuits is negligence on the part of the doctor. A doctor is negligent if his or her actions or omission to act did not fall under the applicable medical standard of care.
A patient can be harmed by a doctor’s negligence in the following situations: failure to diagnose a condition in a timely manner, failure to begin a correct treatment, failure to warn of risks and side effects of a treatment or medication, as well as making medical mistakes in the course of the treatment.
In order to determine whether or not your doctor deviated from the applicable medical standard of care, your Hawaii medical malpractice attorney will review a wide range of facts about your particular case. Your lawyer may need to dig deeper, as not all types of evidence are readily available such complex cases.
Only a skilled lawyer will be able to establish what was the medical standard of care at each stage of your treatment. Contact Kurzban, Kurzban, Tetzeli and Pratt, P.A., for a free case evaluation. Call our offices at 808-736-5035 today.