20 April

Navigating Stringent Legal Standards

Proving medical malpractice in Hawaii poses significant challenges due to the rigorous legal standards set by the state. For a claim to be successful, plaintiffs must clearly demonstrate that the healthcare provider had a duty of care that was breached, directly causing injury that resulted in substantial damages. Each of these elements—duty, breach, causation, and damages—requires precise evidence. This often involves complex legal arguments and extensive interpretation of medical practices, making it inherently difficult for plaintiffs to make a convincing case without professional legal and medical consultation.

The Role of Expert Testimony

A pivotal component of any medical malpractice case in Hawaii is the expert testimony. State laws mandate that the plaintiff must present a medical expert who specializes in the same field as the defendant to testify that the standard of care was not met. This expert must also establish a direct link between the breach in standard of care and the injury suffered by the patient. Securing such testimony can be expensive and challenging, as the expert must often review vast amounts of medical records and possess the ability to persuade a judge or jury of the breach based on their professional experience.

Financial and Procedural Barriers

Beyond the complexities of assembling a legally and medically sound case, plaintiffs must also navigate significant financial and procedural hurdles. Medical malpractice litigation can be prohibitively expensive, primarily due to high costs associated with gathering sufficient evidence, including expert witness fees and medical documentations. Furthermore, Hawaii’s presuit requirements, which include potential arbitration and mediation, add an additional layer of complexity and expense before a case even reaches the courtroom. These steps are intended to reduce frivolous lawsuits but also make it daunting for genuine victims to pursue justice.

Impact of Damage Caps

Lastly, Hawaii’s statutory caps on noneconomic damages in medical malpractice cases (such as pain and suffering) can discourage plaintiffs from filing lawsuits. These caps limit the potential compensation a plaintiff can receive, regardless of the severity of the injury suffered. This can significantly impact the decision to pursue a lawsuit, as the possible financial recovery may not justify the costs of litigation, especially in cases where the primary damages are emotional or psychological.

Proving medical malpractice in Hawaii requires overcoming multiple layers of legal and financial challenges. The necessity of expert testimony, coupled with high litigation costs and statutory damage caps, creates a formidable barrier for many potential plaintiffs. These factors ensure that only the most clear-cut cases are likely to succeed, promoting caution and thoroughness in pursuing such claims within the Aloha State.

Contact a Hawaii Medical Malpractice Attorney Today

Whether you or a loved one are faced with suffering as a result of medical malpractice or negligence, the Hawaii medical malpractice attorneys at Kurzban, Kurzban, Tetzeli, & Pratt are available to help you pursue any compensation for which you may be eligible. Learn more about how we can help by contacting us online or calling us at 808-736-5035 to schedule a free consultation.

Contact jed kurzban

1003 Bishop Street, Suite 1600
Pauahi Tower
Honolulu, Hawaii 96813

808-736-5035 305-444-3503

Miami Office
131 Madeira Ave
Coral Gables, FL 33134

305-444-0060 305-444-3503



Jed Kurzban Esq

Catastrophic Injury Attorney Hawaii

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    Catastrophic Injury Attorney Hawaii