The process of medical malpractice law is a complex one in the state of Hawaii, and can involve a number of cases. Examples include failures to diagnose diseases or medical conditions, misdiagnoses of said conditions or diseases, a lack of treatment when treatment should have been rendered, and a lack of timely treatment.
It is important to try to be prepared for every proceeding that may occur. Any healthcare provider or facility may become subject to a case of medical malpractice or negligence.
Statute of Limitations
The statute of limitations in the state of Hawaii is a matter of Hawaii State Tort Law. The statute is governed by two years from the date when the injury was found. However, there is a general limit of 6 years from the act that governs all limitations.
There is an overall cap to financial restitution for pain and suffering. The damage award limit is $375,000. It is important to note that the limit for pain and suffering does not apply to damages that are non economic in nature in Hawaii.
Joint Defendant Liability
There is also the matter of joint defendant liability to consider; if the negligence of a defendant is found to be fewer than 25%, proportionate damages will be allotted to the amount of fault determined.