Nulaw Medical MalpracticeJune 13, 2019 8:04 pm Leave your thoughts
Plaintiffs must file before statute of limitations
A panel must approve before lawsuit goes forward
Cap on pain and suffering
Things happen when it comes to medical procedures. Most of the time it just happens to be chance or bad luck. Other times, though, it can be a result of negligence on the part of the doctor or other medical professional. The results can be mild to both career- and life-threatening.
Whether it was caused by, say, a hospital’s having a doctor work many hours past what should be required to get adequate sleep for cognition or something else, the fact of the matter is that restitution of some sort should be pursued. That’s where medical malpractice lawyers come in.
The lawyer, who will be an expert in the laws required by Honolulu, Hawaii, can guide his or her client through the basics and some more tricky aspects of a malpractice suit. Still, here are a few basic things that one should keep in mind.
Statute of Limitations
While it can be traumatic to have a doctor or other medical professional injure them, it’s important that the client move quickly with their law proceedings. They may be reluctant because of a perceived personal bond with this medical professional, but they also have to take care of themselves.
The state of Hawaii has imposed a two-year window from the time of the injury to when someone can sue for medical malpractice. This is for adults, it can be longer for minors under 10. There is also a six-year window if the injury or death doesn’t manifest itself immediately.
Hawaii is a state where blame for the incident can be assigned. As long as the client has not taken on more than 51% of the blame for the malpractice, then they can get some sort of settlement. For example, did they ignore any instructions by the doctor that might have prevented any sort of injury?
There is a cap on the “pain and suffering” part of a ruling. The most that can be given there is $375,000. However, a lot more can be given when it comes to whether the injury affected the client’s ability to do their job or had the hospital bills devastate them economically.
Other things to think about include that a case had to be heard by a panel of a physician and an attorney even before it can be moved into a court of law. The lawyer and his or her client must produce a certificate of consultation.
There are also some groups that cannot be sued, like good-faith volunteers. Aside from that, medical professionals, including osteopaths, can be served.
Medical Malpractice lawyers will examine everything that happened and then find the best way to proceed. James J. Stone, for example, will bring in medical experts of his own from the field that the suit is stemming from.
Stone will also only collect a fee if there is recovery in the case. He does this so that there is no additional financial stress to the client, who may be dealing with a lot of medical bills.
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This post was written by Joseph Gravagna