Important Elements of a Medical Malpractice Claim

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Important Elements of a Medical Malpractice Claim

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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.

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Healthcare 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 doesn’t 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.

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Causation 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 can’t be filed longer than 6 years after the incident.

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Hawaii Medical Malpractice Attorney If you have suffered injuries as a result of a medical provider’s 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

Summary: Medical providers are responsible to keep their patients safe. 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. If you have suffered injuries as a result of a medical provider’s negligence, an attorney can help you claim damages as long as there is sufficient evidence of the negligence. These cases can be complex requiring the expert advice of a legal advocate. To find out whether you have a case, call Hawaii medical malpractice attorney Jed Kurzban today and schedule your initial case assessment.

Tags: medicalmalpracticeattorney medicalnegligence

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