How to choose medical malpractice lawyers in Hawaii?
In a medical malpractice lawsuit , it is alleged that the defendant erred in failing to follow regular standards of medical care, thereby causing personal injury to the patient that could have been prevented.
Cases of medical negligence or medical malpractice are very
common in the country and it is estimated that each year around 250,000
patients die as victims of this, and other statistical studies dare to estimate
more than 400,000.
This means that medical errors rank third behind heart disease
and cancer as the leading causes of death in the country.
Losing a loved one is a very hard experience and if the cause
was also due to medical negligence, there is no doubt about their suffering and
frustration due to that unjust death.
The most common reasons for lawsuits handled by a law firm
related to malpractice errors include:
- Anesthesia errors
- Failure to administer correct
medications or dosages
- Birth injuries
- Diagnostic errors (failure to
diagnose, misdiagnosis, delayed diagnosis)
- Emergency room errors
- Hospital negligence (poor
sanitation or hygiene, miscommunication, poor recordkeeping)
- Failing to get informed consent
- Nursing home abuse
- Surgical mistakes
- Post-surgical infections
- Prescription or pharmacy errors
Why choose our medical malpractice lawyer?
Hawaii medical malpractice lawyer
If you have been harmed by the actions or omissions of a
physician, nurse, physician assistant, nurse practitioner, or Hawaiian hospital
administrator, you need an experienced medical malpractice attorney with a
track record of successful outcomes. You need Brian Cummings, lead lawyer at
Cummings Law. Brian, who has been practicing for over two decades, has received
over $29,000,000 for his clients over the past few years. He not only has
outstanding professional qualities, but is also a sociable and compassionate
person. At Cummings Law, you will be treated with respect and compassion by an
attorney with extensive knowledge of Hawaii state law as well as federal
personal injury law in Hawaii.
Think about the following aspects before
hiring an attorney:
- Consider
the attorney's experience: The plaintiff's attorney must be familiar
with the laws applicable to your legal case and be able to understand the
medical information in depth. In a medical malpractice case, your
attorney should help you prove all the elements of your process.
- First,
the plaintiff must prove that a legal duty existed between the defendant
and the plaintiff.
- Second,
the plaintiff must prove that that duty was breached because the
defendant failed to follow the accepted standard of care provided and
that the departure from that standard was the proximate cause of the
plaintiff's injuries.
- Third,
the plaintiff must establish the damages that need to be
remedied. For example, among the most common economic damages to be
corrected are medical bills, lost wages, payments for medical expenses,
among others.
To obtain the necessary evidence on your case, you must seek the
testimony of an expert witness.
Expert witnesses must be qualified and their evidence must be
reliable in order to establish whether there was a fault on the part of the
health care provider.
This is part of the job of personal injury attorneys and their
medical malpractice legal team: preparing their own expert witnesses and trying
to disqualify the opposing party, in this case the hospital or medical
professional and their team.
- The
lawyer to choose must have certain medical knowledge: In order to be
able to adequately prepare an expert witness, to carry out an interrogation,
a good medical malpractice lawyer must be able to:
- Understand
medical terms.
- Understand
common and specific medical procedures.
- Understand
the typical diagnoses and theories of medicine.
- Be
connected to the medical community in your area.
- Understand
the operation of the system of medical providers and health
professionals.
For this reason, most medical malpractice attorneys have their
own team of nurses, doctors, or other medical professionals to consult the
relevant and common standards of medical care.
There are even experienced medical malpractice attorneys who are
also medical doctors or registered nurses, and therefore have expertise in both
medicine and law.
- The
attorney must be an expert in litigation: Typically, the
defendant in a medical malpractice case is an insurance
company. Insurance companies often invest and spend a lot of money on
legal defense. Therefore, it is important to retain a plaintiff
attorney with experience in medical malpractice litigation and settlement.
Medical malpractice cases can take a long time to resolve in
court and profoundly impact the life of the plaintiff.
That's why it's important to choose an attorney you can trust,
who will take the time to consult with you, who is willing to answer all of
your questions and explain your legal rights, and who will represent you
zealously.
Any experienced medical malpractice attorney should
be able to give you examples of cases they have successfully litigated or
settled. The attorney should also be able to provide you with references.
Yes, it is possible to win a medical malpractice case, it is
true that they are among the most difficult, but if you think that you or a
family member has been poorly treated by a medical provider, do not hesitate to
consult an attorney to find out if your case is admissible. start a lawsuit.
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