Medical Malpractice lawyer Hawaii
Professional Negligence injury lawyer
William H. Lawson, Attorney at Law
1188 Bishop St.
Honolulu, Hawaii 96813
Phone: (808) 524-5300 New Client Hotline
Phone: (808) 528-2525 Main Business Line
The Deadline to File a Professional Negligence / Medical Malpractice Claim
The deadline for filing most professional negligence / medical malpractice claims in court in Hawaii is two (2) years from the date when the plaintiff knew or should have known of the negligence of the medical care provider and that injuries resulted therefrom. It is not necessary for an expert to advise the injured party that there was professional negligence which caused the injuries before the statute of limitations will start running. It is sufficient to start the running of the 2 year period, if the injured parties have knowledge of the facts which establish an actionable claim. Buck v. Miles, Hawaii Sup. Ct. No. 20368 (Jan. 25, 1999). Some statutes appear to indicate that there is also a maximum limit of six (6) years from the date of the alleged negligence in which to file a medical malpractice claim.
Generally a medical malpractice claim arises where a medical practitioner has negligently caused injury. Medical treatment is negligent if if fails to meet the standard of care generally provided to patients. A physician must also obtain "informed consent" to any medical treatment which he provides to a patient.
Examples of Professional Negligence / Medical Malpractice Claims
Some examples of medical malpractice claims are:
- Failure to diagnose
- Improper medical treatment causing injury
- Improperly performed surgery
- Improperly administered anesthesia
- Failure to obtain informed consent to a medical procedure
- Implantation of non-approved medical devices
- Our office charges on a CONTINGENCY FEE basis in accident cases which we accept. There is NO CHARGE for an initial consultation to evaluate your case. E-mail us or call us at (808) 524-5300 or (808) 528-2525 if you have any more questions.
- If you believe that you may have a claim of this type, please take a few moments to visit with a paralegal to outline the nature of your claim. Thank you!
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Hawaii Personal Injury and Accident Law News and Cases
On June 29, 2015, the Hawaii Supreme Court rendered its decision in the case of St. Paul Fire and Marine Ins. Co. v. Liberty Mutual Insurance, Hi. Sup. Ct. Case No SCCQ-14-0000727 (June 29, 2015). This case arose out of a wrongful death personal injury case handled by this office which resulted in a $4.1 million verdict in favor of our clients - even though Liberty Mutual, the primary liability insurer, never offered anything even close to its policy limits of $1 million. St. Paul - who had to pay our clients everything recovered in excess of the initial $1 million - claimed that Liberty Mutual committed bad faith towards it by failing to settle within its $1 million policy limits. The Hawaii Supreme Court agreed and found that an excess insurer has claims for bad faith against a primary insurer.