Title: Important Elements of a Medical Malpractice Claim
1Important Elements of a Medical Malpractice Claim
2- There are some important elements you should keep
in mind when filing your medical malpractice
claim. Failure to provide these important aspects
may lead to having your case dismissed. - Although these elements seem simple, they can
become complicated as your case develops. This is
why it is important you hire an experienced
Hawaii medical malpractice attorney to walk you
through these difficult requirements and ensure
the successful outcome of your malpractice case
in Hawaii.
3(No Transcript)
4Healthcare providers duty of care
- Medical providers are responsible to keep their
patients safe. The duty of care refers to the
duty healthcare professionals own to injured
patients. If you believe a health care provider
owns you a duty of care, you must first prove
there was a relationship at the time the
malpractice occurred.
Breach of standard of care
The expert must be competent enough to provide
with an honest evaluation, even when the care
doesnt seem to fall below the requirements. This
is an essential step otherwise there is not a way
to prove the malpractice occurred and the case
will be dismissed.
5Causation
- If there was a breach of the standard of care,
then the medical error must have caused the
injuries. Sometimes there is medical negligence
that takes place yet there is no harm as a
result. Also, some harm may not be linked to the
malpractice. Most times, several factors or
parties have contributed to the malpractice. This
is why it is important you hire an experienced
personal injury attorney who specializes in this
specific area of law.
Statute of limitations
The statute of limitations in Hawaii is 2 years
from the time the negligence occurred. In cases
where the patient learns about the negligence,
later on, there is an additional year to file
your claim. However, claims cant be filed longer
than 6 years after the incident.
6Hawaii Medical Malpractice Attorney
- If you have suffered injuries as a result of a
medical providers negligence, your attorney can
help you claim damages as long as there is
sufficient evidence of the negligence. To find
out whether you have a case, contact attorney Jed
Kurzban today and schedule your initial case
assessment. -
808-800-2445
https//www.seriousinjurylawyerhawaii.com/contact-
us/
1003 Bishop Street, Suite 1600 Pauahi Tower
Honolulu, Hawaii 96813