Hawaii Medical Malpractice & Professional Negligence - Lawyer - Attorney Hawaii

What We Do at Accident Lawyer Hawaii - video Honolulu Personal Injury Attorney - Claims We Handle Personal Injury Attorney Hawaii results Honolulu Personal Injury Attorney - Call us now

Professional Negligence - Hawaii Med Mal Lawyer

Personal Injury Lawyer Honolulu

Attorneys Bill Lawson & Amy Woodward

Medical Malpractice - Hawaii

Professional Negligence

Deadlines to File Professional Negligence / Medical Malpractice Claims in Hawaii

The deadline for filing most professional negligence / medical malpractice claims in court in Hawaii is two (2) years from Accident Lawyer Hawaii - Deadlines 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 should be noted, however, that there are exceptions to this rule- for example, claims against the City and County of Honolulu and the various other Counties must be filed with the appropriate agency within six (6) months of the date of the accident. It is sufficient to start the running of the 2 year (or 6 month) 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. You must file your claims in court prior to the expiration of such deadlines, or your claims may be lost—regardless of their merit. To be wise it is recommended that you immediately contact an attorney after an accident giving rise to injuries occurs- please do not hesitate to :

Contact Accident Lawyer Hawaii now for a free evaluation of your case.

Medical Malpractice & Professional Negligence Claim Information

Generally a medical malpractice claim arises where a medical Accident Lawyer Hawaii - 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/she provides to a patient. Since medical malpractice claims are very expensive to pursue, there must be very substantial damage caused by the malpractice to merit bringing a claim.

Examples of Professional Negligence / Medical Malpractice Claims

Some examples of potential medical malpractice claims are:

Accident Lawyer Hawaii - Medical

-Administration of incorrect medicine causing injury

- Failure to diagnose or incorrect diagnosis causing injury

- Improper or incorrect 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

Researching a Medical professional

American Board of Medical Specialties. The AMBS listing of most medical specialty boards- click on "Who's certified?"

Medical Board of California- Physician License Information. California provides the ability to research disciplinary information about physicians licensed in California.

For medical professionals in the state of Hawaii, you may also find the information in the InjuryLawyerHawaii website to be helpful-
Hawaii Medical Experts- reviews and links

Select Hawaii Court Opinions on Professional Negligence and Medical Malpractice

GARCIA v. KAISER FOUNDATION HOSPITALS, JUNE 9, 1999 The Hawaii Supreme Court holds (1) that an employee's claims against a health care plan provided by his employer (Kaiser) for failure/refusal to provide timely treatment for hip necrosis and a herniated disk are are preempted by the Employee Retirement Income Security Act (ERISA) and (2) that such claims against health care providers must go through the Medical Claims Conciliation Panel (MCCP) under HRS section 671-12 (1993) prior to the filing of the complaint or they are subject to dismissal.

AGA v. HUNDAHL, MARCH 24, 1995. The Hawaii Supreme Court holds that privileged peer review committee documents may become discoverable if they are relied upon by a medical expert in forming his opinions (for the defense of a medical malpractice action)- but that in order to preserve such an objection the party seeking discovery must move for an in camera inspection of the same by the trial court prior to trial.

BLAIR v. ING, SEPTEMBER 10, 2001 The Hawaii Supreme Court holds that (1) there is no requirement that a judgment be a ruling "on the merits of the claim" as opposed to a dismissal in order for a party to be a "prevailing party" for purposes of attorney's fees [overruling Yoshida v. Nobriga, 39 Haw. 254 (1952); Schubert v. Saluni, 9 Haw. App. 591, 855 P.2d 858 (1993); Shanghai Investment Co. v. Alteka Co., Ltd., 92 Hawai`i 482, 993 P.2d 516 (2000) and others] and (2) awards $23,008.83 in attorney's fees and costs to a defendant in an accounting malpractice case dismissed on motion.

PIEDVACHE v. KNABUSCH, AUGUST 27, 1998 The Hawaii Supreme Court holds that the limit for attorney's fees in a state District Court action in 'the nature of assumpsit" (failure to comply with post-closing real estate covenants) is 25% of the jurisdictional limit of $20,000 - hence $5,000.00. (apparently would apply by analogy to real estate agent "malpractice")

Standards of Care for Nurses

In addition to the responsibility of accurately following medical instructions which have been given, at times nurses also have an affirmative duty to intervene and to clarify or to correct inconsistencies in those instructions. Examples of clinical situations in which a nurse has a duty to intervene include:

-The dose of a medication is excessive or inadequate.

-IV fluid orders are incomplete or inconsistent.

-The nurse is concerned about fetal heart rate monitoring in a patient in labor.

-The postoperative laparoscopic cholecystectomy patient begins having symptoms of an acute abdominal process.

-The patient has widely divergent intake versus urinary output.

-The patient is allergic to the medication the physician orders.


Facebook Company page for Accident Lawyer Hawaii - William H. Lawson LinkedIn Company page for Top Honolulu Personal Injury Attorney William H. Lawson

Accident Lawyer Hawaii

Law Offices of William H. Lawson
Kahala Avenue
Honolulu, HI 96816
(by appointment only)

Law Offices of William H. Lawson
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

New client hotline:
(808) 671-7600

Pearl City, Aiea and Waipahu:
(808) 671-7600

Main business phone:
(808) 528-2525

Directions to Honolulu office

Products Liability - Cases & Comment

Jones Act- maritime law and seaman cases

The Constitution Of The State Of Hawaii

Recent Personal Injury and Car Accident News

Moving a flagpole near live electrical wires can be very dangerous. A Grayson County, Texas jury has awarded more than $15.6 million to the families of 3 victims of an accident that occurred while they were moving a flagpole in May 2017. The electrocution killed 1 and injured 2. The property manager of the apartment complex where the flagpole was located was found to be negligent for placing the flag pole too close to overhead power lines. See, An award of $15.6 million for 3 victims of electrocution.

Awards and Honors

AV Preeminent rated by Martindale Hubbell Martindale Hubbell - AV rated lawyer - Best Rating Possible Multi-Million Dollar Advocates Forum Multi-Million Dollar Advocates Forum AVVO Top Rated Personal Injury Attorney AVVO Top Rated Personal Injury Attorney, 10 of 10 ATLA Top 100 Trial Lawyers ATLA Top 100 5.0 of 5.0 top rated by Lawyers.com Lawyers.com - Rated 5.0 out of 5.0 - Top Rating Possible National Trial Lawyers - Top Lawyer National Trial Lawyers - Top 100 Trial Lawyers Million Dollar Advocates Forum Million Dollar Advocates Forum American Society of Legal Advocates - Top 100 - 2017 American Society of Legal Advocates - Top 100 - 2017 Marquis' Who's Who Marquis' Who's Who in the World, Who's Who in America and Who's Who in American Law AVVO Clients' Choice Personal Injury Lawyer AVVO Clients' Choice Personal Injury Lawyer Expertise - Best Car Accident Lawyers in Honolulu 2019 Expertise - Best Car Accident Lawyers in Honolulu 2019 Best Attorneys in America - Life Charter Member Best Attorneys in America - Life Charter Member

Click on a box below to choose one of our 4 menus:

There is NO CHARGE for sending your case information to our law firm. The information provided on this website is preliminary and informational ONLY. It is not legal advice. The use of our webpages does not establish an attorney-client relationship. This website is copyright 1999-2020 and the contents of this website are the property of Personal Injury Attorney William H Lawson. The Terms and Conditions of Use for this website and our Privacy Policy are available here for your consideration. All rights reserved.

Hawaii Medical Malpractice - Professional Negligence Lawyer - Attorney Hawaii

We thank you for visiting our site!