You’re feeling feverish. Perhaps you’ve had a pain in your side for the past several days, one which has grown in intensity to the point where you’re nearly crying with every step you take. Finally, after much encouragement from your friends, you take yourself to the emergency room, where you’re quickly assessed and then forced to sit in your cubby until you receive a ‘verdict.’
The pain continues, and as you sit in the not-too-comfortable gurney, you hear the doctors talking about your profession as an insurance salesman and his absolute distaste for insurance salesmen (or tourists, or bus drivers, or what have you). You’re sent home with minimal medication, still in the same pain that you went in with.
Later on, your condition worsens and you collapse as a result of your pain. When the ambulance picks you up to rush you to the hospital, they ask you why you didn’t go earlier, because there has been internal damage – damage which could very well have been prevented.
This ‘failure to treat’ happens everywhere around the world, and the effects can be absolutely devastating to the person who is undergoing the pain and suffering.
Failure to treat in Oahu is just as serious as it is anywhere else in the world. A beautiful island climate doesn’t mean better doctors. If someone simply takes the wrong course of action in treating your symptoms, tragedies like organ failure, paralysis, or even death can happen. Failure to treat can become the foundation of a case for many reasons. Consult with an Oahu failure to treat attorney like Jed Kurzban to learn whether your specific case warrants attention.
These situations are:
- Failure to treat because of bias toward your profession, gender identity, or another social factor.
- Failure to treat when the patient has no insurance.
- Failure to treat because of misdiagnosis.
- Administration of the wrong medication.
- Contemplating a diagnosis and not running tests to fully rule it out.
Not being informed about all of the procedures which could be performed as a result of the diagnosis.
In Hawaii, the cap for pain and suffering damages is $375,000. These are damages that are awarded above and beyond the financial costs you incurred because of your situation. Read on to learn more about what you need to do to win your case.
What Is The Time Limit For Failure To Treat In Oahu?
Once you have discovered that there has been the potential of medical malpractice and failure to treat, the statute of limitations is 2 years for adults. It extends to six years from the alleged act of negligence.
The Potential Consequences of Failure to Treat in Oahu
The struggles you might face if a medical professional fails to properly treat you can vary depending on the specifics of your circumstances. At the very least, you may endure discomfort as you experience symptoms that could have been prevented had you received necessary treatment sooner rather than later.
Other challenges you may grapple with as a result of a doctor’s negligence include:
- Medical bills for additional treatment due to your condition worsening
- Lost wages, as your medical condition may prevent you from working
- Pain and suffering
You can seek compensation for such losses and damages by filing a medical malpractice claim or lawsuit. When doing so, you need to provide evidence showing that:
- A medical professional owed you a duty of care
- By failing to provide treatment, a medical professional breached their duty of care
- You incurred compensable losses or damages as a result of this breach
Be aware that doctors are human beings. The law accounts for this. The fact that a medical professional didn’t provide needed treatment doesn’t automatically mean that you deserve to receive compensation. Again, to show that you’re eligible for compensation, you need to show that a doctor’s failure to treat you represents a substantial breach of their professional duty.
This isn’t meant to discourage you from taking legal action if you believe a doctor was careless. It’s meant to highlight the importance of building a case with the assistance of a legal professional who has experience handling these matters. Because these cases tend to be complex, your odds of securing the compensation you deserve may be greater if you enlist the help of an Oahu failure to treat attorney.
How an Oahu Failure to Treat Lawyer Helps You Build a Case
An Oahu failure to treat attorney can boost your odds of receiving proper compensation in the following ways:
- Investigating the matter to gather evidence showing that a doctor was unreasonably negligent
- Accounting for your losses and damages to estimate how much compensation you might be owed (although it’s important to be aware that it’s unethical for a lawyer to guarantee that you will receive a specific amount of money when handling your case)
- Filing a claim or lawsuit by the deadline
- Negotiating with the insurer of a medical professional or medical facility for a proper settlement if they refuse to initially offer one
- Determining if it’s necessary to file a lawsuit and pursue damages in court if the insurance company won’t make a fair offer
In the aftermath of an experience which involved a doctor failing to treat you for a health issue, you deserve to focus on your recovery instead of adding to your burdens. You’ll be better able to do so if a qualified Oahu failure to treaty lawyer is handling your case.
Why Talk With A Failure To Treat Lawyer In Oahu?
A failure to treat lawyer understands the medical malpractice laws in Hawaii and can offer guidance on:
- Where there is indeed a case to pursue
- How to proceed with that case
- Statute of limitations regarding your case
The can also help prepare your case to go to trial, gather facts and medical records, and provide a thorough overview of the type of lawsuit that you are facing. When it comes to litigation, there are a lot of hurdles to jump, and a failure to treat lawyer in Oahu like Jed Kurzban can guide you through.
If you have been subject to medical malpractice or failure to treat in Oahu, you don’t have to take your injuries lying down. Give the offices of Jed Kurzban a call or take a few moments to fill out the contact form. Your initial consultation is free. If the insurance companies, hospitals, or even your doctor aren’t treating you with the care you deserve, then you deserve a chance at gaining compensation. Do it for yourself and for your loved ones. Call today.