Hawaii has the fourth-highest rate of medical malpractice claims in the United States. From 2020 to 2023, the state saw an average of 17.54 malpractice incidents per 1,000 practitioners. According to the U.S. Department of Health & Human Services, from 1990 to 2024, Hawaii reported 1,364 medical malpractice cases where victims received compensation from negligent providers.
In 2023 alone, Hawaii saw 44 cases, making it the worst year during this period. These statistics indicate a considerable concern for medical errors in the state. Indicators include high malpractice rates, overworked staff or systemic problems within healthcare facilities. Understanding these risks is crucial for Hawaii residents needing medical care.
Common types of malpractice claims
In successful medical malpractice cases, various healthcare professionals and facilities are held accountable. This includes doctors, surgeons, nurses, anesthesiologists, medical technicians, pharmacists, dentists and hospitals. Common types of medical mistakes that lead to malpractice claims include:
- Failure to diagnose: Missing an illness or injury that another competent doctor would have identified
- Surgical errors: Mistakes like operating on the wrong body part or leaving instruments inside a patient
- Improper treatment: Providing incorrect treatment or failing to follow accepted medical standards
- Failure to warn of known risks: Not informing a patient of potential risks associated with a procedure or treatment
- Anesthesia and medication errors: Administering the wrong medication or dosage
These avoidable mistakes can have severe consequences for patients and often lead to legal actions.
Why is a malpractice claim challenging?
Proving medical malpractice is notoriously difficult. Of cases that go to trial, providers come out on top of roughly 80% of those decided. Victims must show that the provider’s actions fell below the accepted medical standard of care and directly caused harm.
Health care organizations, backed by their deep-pocketed insurance companies, offer tenacious defenses. They argue that outcomes could have occurred despite proper care or that the alleged negligence did not cause harm. This makes it challenging for plaintiffs to win these cases.
Evidence needed for a successful claim
Knowledgeable medical malpractice attorneys are crucial in investigating and proving these cases. They meticulously review medical records and consult with medical professionals to establish whether the level of care is substandard.
Attorneys often work with medical experts who can provide testimony on what the standard of care should have been and how the provider’s actions deviated from it. To succeed in a medical malpractice claim, you need substantial evidence, including:
- Proof of a provider-patient relationship: Show that the healthcare provider agreed to treat you
- Demonstration of negligence: Evidence that the provider failed to deliver standard care
- Causation: Proof that the provider’s negligence directly caused your injury
- Damages: Documentation of tangible harm, such as additional medical bills, lost income and pain and suffering
Additionally, skilled attorneys collaborate with financial experts to quantify the economic impact of the injury, such as lost wages, future medical expenses and emotional distress. This comprehensive approach ensures that all aspects of a claim are thoroughly examined and presented, strengthening the case for a fair outcome.