Professional Negligence and Medical Malpractice Claims- Hawaii


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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

    A recent Tennessee case found that a premises owner may have constructive notice of a dangerous condition because of a pattern of conduct, a recurring incident, or a general or continuing condition. For example, recurring bad oil spots in a business owner's parking lot may require the owner to monitor and fix the condition. Blair v. West Town Mall, 130 S.W.3d 761 (Tenn. 2004) Hopefully, Hawaii will follow suit.

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