Nobody should ever have to worry about getting hurt due to the careless or negligent actions of a healthcare professional. Unfortunately, medical mistakes happen all the time. If you ever need a Hawaii medical malpractice attorney, you can count on the team at Kurzban, Kurzban, Tetzeli and Pratt, P.A. – recovery law center in Hawaii to be by your side. We are going to step in to secure the compensation you deserve. Today, we want to discuss some of the statutes of limitations on these cases, particularly when minors are involved.
Keep track of the statute of limitations
If you have been injured or become ill due to a medical mistake, the sooner you seek legal assistance, the better. Each state is allowed to set its own statute of limitations for these cases. In Hawaii, a person generally gets two years from the time the incident occurred to file a malpractice claim.
There are exceptions to this. If the injury is not discovered until more than two years from when the mistake occurred, a person has two years from the date of discovery to file a claim. However, no claims can be made more than six years from the date the incident occurs.
The exceptions for minors
Hawaii, like most other states, treat medical malpractice cases of minors differently.
If the victim of medical malpractice was under 10 years old when the mistake occurred, they have six years or until their tenth birthday to file a lawsuit (whichever is later). If the victim is older than 10 but younger than 18 when the mistake occurred, they have six years from the date of the injury to file a claim.
- For example, if a 17-year-old is the victim of a medical mistake, they can file a lawsuit up until they are 23-years-old (6 years after the incident).
If a minor’s injuries could not be reasonably discovered, the statute of limitations for a claim tolled (delayed) until the injuries are discoverable.
Medical mistakes are common in the US. Johns Hopkins researchers say that they kill as many as 250,000 people each year and injure millions more. Some of the most common mistakes include:
- Medication errors
- Healthcare-acquired infections
- Surgical errors
- Misdiagnosis
- Failure to treat
- Missed diagnosis
- And more
Let us get to work on your case today
If you or a loved one have been the victim of a medical mistake, you should seek legal assistance as soon as possible. At Kurzban, Kurzban, Tetzeli and Pratt P.A., we believe that careless or negligence healthcare professionals should be held responsible for their actions. Please remember to act quickly in these cases so we can secure the compensation you deserve. This can include:
- Compensation for medical expenses related to the mistake
- Coverage of lost wages and benefits if you cannot work
- Loss of future earning capacity
- Loss of enjoyment of life damages
- Pain and suffering damages
- Punitive damages against the people responsible
When you need a Hawaii medical malpractice attorney, you can contact us for a free consultation by calling 808-736-5035.