When you’re dealing with a medical emergency, you’re not going to look up a review to decide which hospital you should go to. You’ll probably opt for the nearest one.
Thankfully, the majority of Hawai’i’s 29 hospitals have received generally positive patient experience ratings that score slightly above the national average. Unfortunately, positive reviews do not make a hospital completely immune to mistakes. With so many staff members supporting every patient, there are bound to be occasional mistakes.
Most of those can be corrected without harm. However, when a hospital mistake causes serious injury, the patient is entitled to seek recourse. That is when reaching out to the Wayne Parsons Law Office can make a difference.
We are experienced Hawai’i medical malpractice lawyers who have helped many residents take on hospitals that have caused harm for a variety of reasons. If you’re in this situation, it is vital that you understand what needs to be done and how you can seek a remedy.
Immediate Steps to Take Following a Hospital Mistake
It can be extremely challenging to check into a hospital for treatment of one ailment, only to leave with an entirely new issue that was somehow caused by the hospital staff. If you suspect that a hospital mistake has caused you harm, these are the steps you should take to protect yourself and a potential claim.
Step 1: Get a Second Opinion
Your health should be a priority. If a hospital mistake has caused you harm, you need to seek care from an independent medical practitioner. That second doctor can help manage the complications and ensure you get the treatment you need.
Step 2: Request Medical Records
It is essential that you obtain copies of all your medical records from the original incident.
You are entitled to get copies of the following:
- Medical charts
- Doctors’ notes
- Test results
- Discharge papers
Under HIPAA, you have the right to these files. Each hospital should have a Health Information Management (HIM) department, such as The Queen’s Medical Center or Straub Medical Center.
Step 3: Document Everything
In addition to your medical documents, you also need to make personal documents.
You should write down the names of the nurses and doctors who were involved in your care. Be sure to include the exact dates and times. You should also note what you were told about your condition. Additionally, you want to keep all your prescription bottles, billing statements, and written communications with the hospital.
Step 4: Consult a Local Malpractice Attorney
Medical malpractice laws in Hawaii are highly complex. Typically, you have two years from the date you discover your injury to file a claim. However, there is a hard cap of six years from the date the error occurred. That means if you had surgery ten years ago but only now discovered the harm, you might not be allowed to file.
That’s why you want to speak with an experienced medical malpractice attorney to understand all your options for taking your claim forward.
Step 5: File a Professional Complaint
There are many regulatory agencies that govern hospitals. You can file a formal complaint through the Hawaii Regulated Industries Complaints Office (RICO) or report the medical professional directly to the Hawaii Medical Board.
Filing a Certificate of Consultation
One of the requirements for filing a medical malpractice claim is that you are required to file a Certificate of Consultation with the Medical Inquiry and Conciliation Panel (MICP). This is the agency that must review your case before it can proceed to a civil lawsuit.
Lining up that professional is something that the attorneys at Wayne Parsons Law Office can help with and ensure that you meet all your filing deadlines.
Why You Should Avoid Discussing the Incident With Hospital Staff
As you move forward with your claim, you might be inclined to share what is happening to you on your social media accounts. That is not a good idea.
Anything you post can be used against you. This concept of “oversharing” also extends to the hospital staff who supported you. Even casual conversations might be documented by the staff and introduced as “admissions against interest.” That can potentially contradict your legal claims.
You also want to avoid talking to the staff, as that might prompt them to alter or supplement your records before you have copies. It is also important to note that only the conversations you have with your attorney are protected by the attorney-client privilege.
Any discussions you have with the hospital staff are legally discoverable.
Why You Need a Medical Malpractice Attorney
Medical malpractice claims are among the most challenging personal injury cases to pursue.
You must prove that a healthcare provider failed to meet the accepted standard of care and that this failure directly caused your injuries.
Building a strong medical malpractice case requires extensive medical records, consultations with qualified experts, and compliance with Hawaii’s procedural requirements. This is not a process you should attempt to handle on your own. One minor filing mistake can trigger a denial of your claim.
Having an experienced advocate by your side can make all the difference. The team at Wayne Parsons Law Office understands how devastating it can be to trust a medical professional, only to suffer additional harm due to negligence. That type of incident puts a strain on your family’s financial future. Our goal is to help clients secure a fair settlement that will make them financially “whole.”
That goes a long way to helping with the recovery journey.
If you believe a hospital mistake has caused you or a loved one serious harm, do not wait to seek legal guidance. Contact the attorneys at Wayne Parsons Law Office to discuss your situation during a free consultation.
We can explain your options, answer your questions, and help you take the right steps toward accountability.