Personal Injury Attorney Hawaii- Medical Malpractice & Professional Negligence Lawyer

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William H. Lawson, Attorney at Law

1188 Bishop St.
Suite 2902
Honolulu, Hawaii 96813
Phone: (808) 524-5300 New Client Hotline
Phone: (808) 528-2525 Main Business Line

The Deadline to File a Professional Negligence / Medical Malpractice Claim

The deadline for filing most professional negligence / medical malpractice claims in court in Hawaii is two (2) years from the date when the plaintiff knew or should have known of the negligence of the medical care provider and that injuries resulted therefrom. It is not necessary for an expert to advise the injured party that there was professional negligence which caused the injuries before the statute of limitations will start running. It is sufficient to start the running of the 2 year period, if the injured parties have knowledge of the facts which establish an actionable claim. Buck v. Miles, Hawaii Sup. Ct. No. 20368 (Jan. 25, 1999). Some statutes appear to indicate that there is also a maximum limit of six (6) years from the date of the alleged negligence in which to file a medical malpractice claim.

Claim Information

Generally a medical malpractice claim arises where a medical practitioner has negligently caused injury. Medical treatment is negligent if if fails to meet the standard of care generally provided to patients. A physician must also obtain "informed consent" to any medical treatment which he provides to a patient.


Examples of Professional Negligence / Medical Malpractice Claims

Some examples of medical malpractice claims are:

  • Failure to diagnose
  • Improper medical treatment causing injury
  • Improperly performed surgery
  • Improperly administered anesthesia
  • Failure to obtain informed consent to a medical procedure
  • Implantation of non-approved medical devices

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    Hawaii Personal Injury and Accident Law News and Cases

    Friday, Aug 22, 2005- The settlement for an out-of-state husband and wife involved in a head on collision on Maui successfully resolved earlier this month with the assistance of William H. Lawson, Accident Lawyer Hawaii. The total recovery was over half a million dollars. The case turned on the documentation of an out-of-state insurer's sales practices which conflicted with the insurance company's policy provisions.

    Accident Lawyer Hawaii has two new websites providing information on safety recalls. The first 88,000 pages of information on car recalls and other motor vehicle safety recalls during the past 4 decades is found at Car Safety Recalls - Vehicle Safety Recalls.

    In addition, recently an additional 8,000+ pages of information on consumer product recalls and other dangerous product safety recalls has been made available at Dangerous Products - Product Safety Recalls.