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Home » Hawai‘i Personal Injury Lawyer » Hawai‘i Medical Malpractice Lawyer » Failure to Diagnose or Treat

Failure to Diagnose or Treat

Failure To Diagnose or Treat

An unnecessary delay in diagnosis or treatment of just a few days or even hours can lead to severe complications or death. This is especially true in medical emergencies that involve internal bleeding, strokes, or heart attacks.

Are you or a loved one facing health challenges that were not properly diagnosed or treated in Hawai‘i? If so, and you’re wondering about your legal rights and options, your best first step is to contact a lawyer specializing in failure to diagnose or treat cases.

These types of medical malpractice cases can be extremely complicated, and you need someone who’s expertly familiar with the malpractice law and proving liability in your corner as you seek justice and fair compensation for your losses and suffering.

It’s important to note that, according to Becker’s Hospital Review, Hawai‘i is the top-rated state for health care in the U.S.  It has the best health outcomes in the country, with low preventable death (630 per 100,000 people), diabetes mortality, and obesity rates.

Medical Errors and Malpractice

Medical errors, including a failure to diagnose or treat, can have serious consequences for patients.

In Hawai‘i, just like in other states, patients have the right to expect a certain standard of care from healthcare professionals. These are legal requirements that protect both medical professionals and their patients from unnecessary complications.

If these standards are not met, it may constitute medical malpractice.

Failure To Diagnose

If a doctor or healthcare professional doesn’t notice the signs or symptoms of a medical condition promptly or correctly, that’s called medical negligence, specifically, failure to diagnose.

Not catching a serious illness or injury early on can result in unnecessary and prolonged suffering, worsened medical conditions, enormous medical expenses, and even irreversible harm or death.

You may have a medical malpractice claim if a doctor fails to diagnose a condition accurately or if the condition worsens due to that failure.

Other types of failure to diagnose include:

  • Misdiagnosing a condition
  • Delaying the diagnosis of a condition
  • Not using education, training, and experience properly
  • Not following established protocols

Failure To Treat

Failure to treat is when a medical professional fails to treat a patient in a commonly expected manner or at all, and the patient is harmed as a result. This can include failing to:

  • Perform required tests
  • Monitor the patient’s condition
  • Properly interpret the results of tests
  • Order additional testing
  • Refer the patient for further treatment

If a doctor’s failure to treat is caused by negligence or error, it’s considered medical malpractice. If the failure to treat resulted in a loved one’s death, then a wrongful death claim could compensate family members.

Legal Recourse in Hawai‘i

If you believe you or a loved one has been a victim of failure to diagnose or treat in Hawai‘i, it’s crucial to understand your legal recourse. Consulting with a qualified attorney specializing in medical malpractice is the first step toward seeking justice.

Hawai‘i’s legal system allows victims of medical malpractice to file lawsuits seeking compensation for damages. Damages may include medical expenses, pain and suffering, lost wages, and other related costs.

However, it’s important to note that medical malpractice cases can be complex and require a thorough understanding of both legal and medical aspects.

Also, Hawai‘i is a modified comparative fault (aka comparative negligence) state. This means that if a victim of malpractice is found to be less than 50% responsible for their injury, financial damages can be claimed. However, if they’re found to be 51% at fault (or greater), part or all of that compensation could be lost.

Understanding the Legal Process

The legal process for failure to diagnose or treat cases in Hawai‘i typically involves several steps. Your lawyer will guide you through each phase, ensuring your rights are protected and giving you the best chance at a favorable outcome.

  • Initial consultation: Your lawyer will meet with you to discuss the details of your case. During this consultation, provide any relevant medical records, documents, and information about your situation.
  • Case evaluation: Your lawyer will carefully evaluate your case to determine if there is sufficient evidence to pursue legal action. This may involve consulting with medical experts to establish a breach of the standard of care.
  • Filing a lawsuit: If your lawyer believes you have a strong case, they will file a lawsuit against the responsible party, whether it’s an individual healthcare provider, a hospital, or another entity.
  • Discovery: Both sides will exchange information and evidence related to the case. This may include medical records, expert opinions, and other relevant documents.
  • Negotiation or trial: In many cases, the parties involved or an insurance representative may engage in negotiations to reach a settlement. If a fair agreement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome.

Choosing the Right Lawyer

Selecting the right medical malpractice lawyer is a critical decision when pursuing a failure to diagnose or treat case.

Look for an attorney with local experience in medical malpractice law. An attorney with a successful track record in similar cases will have the expertise needed to build a strong case on your behalf and fight for your rights and compensation.

Additionally, consider hiring a lawyer who is familiar with the legal landscape and has a network of experts to consult for medical opinions.

These resources can be crucial in establishing the standard of care that should have been provided.

Dealing with the consequences of a failure to diagnose or treat a situation can be overwhelming, but you don’t have to face it alone. Seeking legal advice from a qualified Hawai‘i medical malpractice lawyer is an important step toward understanding your rights and options and toward seeking justice.

If you or a loved one has experienced a failure to diagnose or treat in Hawai‘i, don’t hesitate to reach out to us at Wayne Parsons Law Office. Our experienced personal injury lawyers can help you navigate the legal system and pursue the justice and compensation you deserve!

Contact us today!

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