Frequently Asked Questions | Disclaimer

Medical Malpractice

How do you determine if you want to take my medical malpractice case?
Generally, I look for very serious permanent injuries that were carelessly caused by the doctor, nurse, hospital, or other healthcare provider. I prefer cases where the carelessness is clearly a breach of the medical standard of care. Almost always this breach of the medical standard needs to be confirmed by a competent expert witness such as a physician. A physician also needs to confirm that the breach caused your injuries.

What happens if a medical malpractice case cannot be resolved through direct negotiations with the healthcare provider's representative?
In most cases, the case will have to go through a State screening panel known as the Medical Claims Conciliation Panel (MCCP) before it can be filed in the Hawaii courts or proceed through arbitration. In order to file an MCCP claim, each claimant needs to pay a filing fee, unless the claimant can show inability to pay that cost. Many of the medical malpractice cases are resolved after the MCCP proceeding and do not have to be filed in court. There are exceptions to having to file an MCCP claim and one of those exceptions involves cases against the Federal government.



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