Suing the Hospital For Organ Failure

Things To Consider Before Suing The Hospital For Organ Failure (Medical Malpractice Laws)

08 March

Thanks to technological advances in the healthcare industry, doctors and surgeons are now capable of repairing and even replacing injured or otherwise malfunctioning internal organs.

But when you are preparing for any type of surgery, in which a surgeon will be repairing or replacing your internal organs, there are a few things to consider before signing off any documents or having anesthesia before the surgery.

Our Hawaii organ failure attorney at the Kurzban Kurzban, Tetzeli & Pratt P.A. warns that medical malpractice cases have been on the rise lately, so you never know if you are at risk of organ damage or failure caused by medical or surgical errors, lack of action or inadequate actions on the part of hospital, or delays in diagnosis or treatment.

Even though a medical error involving a damaged organ can cost you your life or cause complications that will last a lifetime, there are a few things you can do to hold the hospital, surgeon, doctor, nurse and other medical professionals liable for your damages, including pain and suffering, medical expenses, lost wages, loss of earning capacity, and other damages.

Organ failure injuries and complications

Depending on the severity of your injuries caused by medical malpractice as well as the organ that has been damaged by a surgical error or medical error, injuries and complications can range from dizziness, fatigue, difficulty breathing, to an abnormal heartbeat, fever, low blood pressure, internal bleeding, and many others. Not to mention that severe cases of surgical errors can lead to a fatal outcome.

Can you obtain compensation for organ failure or damage?

If you have suffered organ failure or organ damage as a result of medical malpractice, obtaining compensation may not be as easy as you think. Our best medical malpractice attorney in Hawaii explain that most Americans tend to think that the process of getting compensation for injuries caused by medical errors is straight-forward.

Unfortunately, that is not how it works. In reality, you have to jump through dozens of bureaucratic hurdles in order to file a medical malpractice claim, collect sufficient evidence, estimate the full value of your damages, file a lawsuit against the surgeon who operated on you and the hospital and defends your arguments in courts.

Why you SHOULD NOT sue the hospital alone

All these things can be rather stressful and exhaustive. For an injured person recovering from organ failure, fighting for compensation may further aggravate injuries and cause severe complications.

That is why it is highly advised to be legally represented by a Hawaii organ failure lawyer in order to maximize your chances of compensation and get every dollar available in your case either via a verdict or settlement – all while you focus on your recovery.

How to prove medical malpractice

There are four elements of a medical malpractice case that you must prove in order to be awarded compensation. These include:

  • Your surgeon (physician, doctor, nurse, or another healthcare provider who caused organ damage) had a duty of care. Typically, all surgeons and medical professionals have a high standard of care when performing surgeries and treating their patient to avoid causing harm.
  • The surgeon (or another healthcare provider) breached that duty of care in a negligent or reckless act. In order to prove this particular element, you need to find evidence that the surgeon failed to take reasonable precautions to avoid causing injuries. Typically, this would require your Hawaii medical malpractice attorney to prove that other doctors would have taken reasonable precautions to avoid foreseeable injury or death under the same set of circumstances.
  • Prove that your organ failure was caused by the surgeon’s actions or lack of actions.
  • Prove that you have suffered harm as a result of medical malpractice (evidence of your injuries and damages).

Do not attempt to prove medical malpractice in Hawaii on your own. There are thousands of regulations, rules, and laws regarding organ failure and damage. Not knowing at least one of them may ruin your chances of recovering damages.

Get a free consultation about your particular case with our Hawaii medical malpractice attorneys. Contact the Kurzban Kurzban, Tetzeli & Pratt P.A. by calling our offices at 808-800-2445 or fill out this contact form.

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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