Hawaii Medical Malpractice Attorney
It has been reported that over 100,000 persons per year die as the result of medical malpractice. The vast majority of those cases do not result in the filing of medical malpractice lawsuits for a variety of reasons.
Hawaii Medical Malpractice lawyer Jan Weinberg has represented the victims of medical malpractice in cases involving surgical malpractice, obstetric malpractice, anesthesia malpractice, nursing malpractice, and emergency care malpractice.
The following questions are commonly asked when there is suspected medical malpractice:
WHAT IS MEDICAL MALPRACTICE?Medical malpractice is conduct by a physician/health care provider which fails to meet the standard of care required for treatment. Medical malpractice may result from an act or from failure to act. In order to prove breach of the standard of care, it is necessary to have the expert testimony of physicians or other health care professionals who are qualified to evaluate whether the standard of care has been breached. Jan Weinberg will have your case evaluated by highly qualified physicians in the specialties required to determine whether there were breaches of the standard of care and whether these breaches resulted in injury or death.
WHAT IS INFORMED CONSENT?A physician owes a duty to his patients to advise them of the recognized material risks of different medical procedures and treatment, including medications. This duty includes advising the patient about the intended results of a proposed treatment as well as recognized alternative treatments or procedures. If a physician fails to adequately advise his patients of the material risks of treatment, there is a breach of the duty of informed consent. If a patient is injured by the failure to obtain informed consent, that is a legal basis for a medical malpractice case. Cases involving breaches of informed consent do not necessarily require expert testimony to establish the breach.
WHAT DO I NEED TO PROVE IN ORDER TO HAVE A MEDICAL MALPRACTICE CLAIM?You must prove that a breach of the standard of care or failure to obtain informed consent resulted in injury. It is not sufficient to prove malpractice if there is insufficient proof that the malpractice caused injury. Likewise, a patient can have extremely serious medical problems which are not necessarily the result of any malpractice.
Your case needs to be carefully reviewed by a competent medical malpractice attorney who relies upon highly qualified medical consultants to determine whether there has been a breach of the standard of care.
WHAT TIME LIMIT IS THERE ON FILING A LAWSUIT?Under Hawaii law, patients have two years from the date they knew, or should have known, that they were injured as a result of medical negligence, but in any event not more than six years. For injured minors less than ten years of age, the statute of limitations is six years or until the tenth birthday, whichever occurs later; for those over age ten, the statute is six years.
Before a lawsuit for medical malpractice can be filed, a claim must first be made with the Medical Claims Conciliation Panel(MCCP) of the State of Hawaii Department of Commerce and Consumer Affairs. The filing of a claim with the MCCP stops the running of the statute of limitations during the pendency of the administrative claim and for a period of sixty days after the MCCP has decided the case.
Cases are normally presented to a three member panel, composed of two attorneys and a physician appointed for the case. The MCCP panel is empowered to issue a ruling on malpractice and on damages. The hearing and the decision are confidential. No transcript or written record is made of the MCCP hearing. The hearings normally take several hours.
For more information on the MCCP and forms required to file a claim with it, please view the website at: http://hawaii.gov/dcca/oah/medical_claims
Contact Jan Weinberg for a FREE consultation to discuss your case. Medical malpractice cases are sent for confidential review by qualified physicians, at Jan Weinberg’s expense. As in other contingency fee cases, if suit is filed in your case, the law offices of Jan Weinberg will advance all the costs of the litigation. Should you have questions concerning the fees or costs in medical malpractice cases, feel free to discuss them with Jan Weinberg.