FREQUENTLY ASKED LEGAL QUESTIONS
Medical Malpractice Lawyers Honolulu
Residents in Honolulu and elsewhere in Hawaii affected by medical malpractice need the assistance of experienced attorneys for the representation and resolution they deserve. Medical malpractice is a complicated area of law with many hurdles to cross. The experienced attorneys at Leavitt Yamane & Soldner will guide you through the legal process with compassion and expertise. Our attorneys welcome all your questions regarding your medical malpractice case.
- What is medical malpractice?
- Why do I need a medical malpractice attorney?
- What should I do if I think I have a medical malpractice case?
- Is there a time limit for when I must file my claim?
- What damages can I get in a medical malpractice suit?
- How does the court decide if my doctor was negligent?
- What is “informed consent” for medical treatment?
- When a doctor prescribes experimental drugs, is that medical malpractice?
- Contact Our Practice Today
WHAT IS MEDICAL MALPRACTICE?
Medical malpractice is the failure of a healthcare provider to uphold an accepted standard of care, causing patient injury or illness. Examples of medical malpractice include surgical errors, sub-standard care, gross negligence, birth injuries, and more.
WHY DO I NEED A MEDICAL MALPRACTICE ATTORNEY?
For your case to succeed, you must be able to prove that your injuries were caused by your medical professional’s failure to act according to set methods of medical care. Given the extremely high standards of Hawaii medical malpractice law, seeking attorneys’ counsel is crucial to determining your best course of action and meeting Hawaii’s statute of limitations.
WHAT SHOULD I DO IF I THINK I HAVE A MEDICAL MALPRACTICE CASE?
Contact Leavitt Yamane & Soldner as soon as possible. This is your first step to maintaining your rights within Hawaii’s statute of limitations. Our attorneys will work to assure that your medical malpractice claim is filed properly and the responsible party is brought to justice.
IS THERE A TIME LIMIT FOR FILING MY CLAIM?
The time limit for filing a medical malpractice claim is two years from the time of injury or from the date when the injury was discovered. The attorneys at Leavitt Yamane & Soldner will do everything possible to help you meet the deadline for filing your claim.
WHAT DAMAGES CAN I GET IN A MEDICAL MALPRACTICE SUIT?
Our Honolulu-based medical malpractice attorneys can seek damages to cover your lost income, medical expenses, diminished earning capacity, past, present, and future pain and suffering, disfigurement, disability, and possible punitive damages.
HOW DOES THE COURT DECIDE IF MY DOCTOR WAS NEGLIGENT?
A jury considers the testimonies of medical experts to decide if your doctor’s actions fell short of acceptable medical practice standards.
WHAT IS “INFORMED CONSENT” FOR MEDICAL TREATMENT?
As a patient, you are entitled to receive sufficient medical information to make informed healthcare decisions. Once you have received such information, subsequent treatments are considered warranted by your “informed consent.” Failure of a doctor to provide adequate information prior to non-emergency treatment can constitute medical malpractice. However, your consent does not relieve the doctor of his or her duty to uphold the applicable standard of care; you can prevail on malpractice charges by demonstrating the harm done by the unauthorized treatment.
WHEN A DOCTOR PRESCRIBES EXPERIMENTAL DRUGS, IS THAT MEDICAL MALPRACTICE?
If you were aware that the drug was experimental, aware of its risks, and consented to its use, that probably does not constitute medical malpractice. An exception would be if the drug manufacturer falsely advertised the drug to gain testing approval.