Honolulu, HI – Newborn children are highly vulnerable to a number of health problems, and sometimes issues can begin during the process of birth and delivery. Anyone who has a child who was injured by a doctor’s negligence has the option of bringing a civil medical malpractice case. This is the main way that a victim can be compensated for things like additional medical treatment and other costs that may be necessary after the doctor’s mistake.
Medical malpractice cases and Hawaii law
Any kind of mistake by a doctor during treatment or a healthcare procedure is technically considered medical malpractice from a legal standpoint. This is true for birth procedures as well. The victim has the option of bringing a civil case that says the doctor at fault deviated from the standard care protocols and procedures relevant to the situation and caused harm to the victim.
Time limits and statute of limitations
The Hawaii Statutes section 657 details most of the rules related to these kinds of cases. The law first outlines various time limits. Health professionals of all kinds can be sued for up to two years after the victim discovers an injury. This is the standard statute of limitations. However, in some cases the injury may not be obvious right away and can take months or years to manifest. The state’s law does set an absolute time limit of six years from the time of the mistake on medical malpractice cases. In other words, even the doctor made a mistake, but it was not discovered until more than six years after the procedure, the victim has no remedy available.
The inquiry procedure
Hawaii law is also unique in the sense that medical malpractice actions must be submitted to an inquiry by a panel before the case can proceed. This normally includes review by one licensed physician and one licensed attorney. The filing documents must allege the facts that constitute malpractice and list the healthcare professionals or providers who would be implicated in the lawsuit. There is also a filing fee to start this process.
The panel will consider things like the evidence in the inquiry, testimony from witnesses, and other relevant facts to consider the possibility of a lawsuit. The panel must make a favorable recommendation for the case to proceed and turn into a standard medical malpractice lawsuit.
Because this process can be complex, it is important to have adequate legal representation throughout the inquiry process and the rest of the case.
The process to get legal help
USAttorneys.com is a directory that contains lawyers who focus on birth injuries, medical malpractice, and various other types of cases in Honolulu and every other major city in the country. Users can find a legal professional who matches their needs, and schedule an initial consultation to discuss the possibility of a lawsuit.