If you’ve been misdiagnosed, you may feel frustrated, scared, and uncertain about what to do next. A misdiagnosis can lead to delayed treatment, unnecessary procedures, or the worsening of your condition. You may be wondering, can you sue a doctor for misdiagnosis in Hawaii?
The answer depends on your situation, but you might have a legal claim for compensation. Misdiagnosis cases are complex, and it’s vital to consult experienced attorneys who understand Hawaii’s medical malpractice laws.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we’ve helped countless individuals recover from the devastating effects of medical negligence. If you think you may have a case, contact us today. Call our office or reach out to us online to schedule a consultation and take the first step toward justice.
Can You Sue for Misdiagnosis in Hawaii?
Yes, you can sue for misdiagnosis in Hawaii under certain circumstances. Misdiagnosis itself isn’t automatically malpractice; you must show the doctor acted negligently. For example, if your doctor failed to follow professional standard procedures that other competent professionals would have used, this could indicate negligence.
To file a lawsuit, you’ll need to demonstrate:
- A doctor-patient relationship existed—this shows the doctor owed you a duty of care;
- The doctor was negligent—you must show the doctor breached their duty of care to you by deviating from the standard of care expected in their profession; and
- The negligence caused harm—the misdiagnosis was a breach that led to an injury or worsened your condition.
A qualified medical malpractice attorney can help gather evidence and expert opinions to support your case.
Can You Sue a Hospital for a Misdiagnosis?
In some situations, you can sue a hospital for misdiagnosis. Hospitals may be held liable if negligence involves their facilities or their staff. For example, if improper communication among hospital personnel contributed to your misdiagnosis, the hospital may share responsibility.
When a Hospital May Be Liable
The situations in which a hospital may be liable include:
- Errors in hospital diagnostic testing or lab results,
- Inadequate staffing or lack of training,
- Negligent misdiagnosis by doctors employed by the hospital,
- Failure to maintain proper patient records, and
- .Failure to timely follow-up or communicate important information.
Every case is unique, and proving liability can be challenging. Your attorney will evaluate the details of your situation to determine whether the hospital shares responsibility for your harm.
How Much Can I Sue for Misdiagnosis?
The amount you can sue for in a misdiagnosis case depends on your damages, including medical expenses, lost wages, disability, permanent injuries and emotional distress. Hawaii places no cap on economic damages, such as past and future medical and care expenses, past and future income loss or impairment, necessary home improvements; but there is a $375,000 limit on pain and suffering, which is one type of noneconomic damage. There is no limit on other kinds of noneconomic damages, such as loss of enjoyment of life.
The types of damages you can recover include the following:
- Economic damages—cover medical bills, lost income, and future healthcare needs; and
- Noneconomic damages—compensate for physical pain, suffering, disability, and loss of enjoyment of life.
Punitive damages are also available in rare cases of grossly negligent or malicious misconduct. Your attorney will calculate a fair compensation amount based on the impact of the misdiagnosis on your life.
How Long Do You Have to File a Lawsuit for Misdiagnosis in Hawaii?
Timing is critical in medical malpractice cases, including those involving misdiagnosis. In Hawaii, you typically have two years to file a lawsuit, but determining when the clock starts ticking can be complex. Minors usually have more time but there are several factors that affect the exact amount of time.
When Does the Time to File Start?
The two-year period usually begins from:
- The date of the injury—when the misdiagnosis caused harm, such as a worsening condition or unnecessary treatment; or
- The date of discovery—when you realized, or reasonably should have realized, that the harm was caused by the misdiagnosis.
Understanding these timelines in relation to your case is crucial as missing the deadline could limit your legal options.
Exceptions to the Rule
In some cases, Hawaii’s “statute of repose” limits the filing period to six years from the date the misdiagnosis occurred for adults and, six years or until their 10th birthday, whichever is longer, for minors, even if you discover the harm later. However, exceptions may apply, such as if the misdiagnosis involved fraud or concealment. There are more exceptions, especially for minors, so we recommend that you consult with a medical malpractice attorney rather than attempt to determine time limits yourself.
Why Quick Action Matters
Waiting too long to act could result in losing your right to file a claim. Consulting an experienced medical malpractice attorney as soon as possible ensures you don’t miss important deadlines.
By reaching out to Cronin, Fried, Sekiya, Kekina & Fairbanks, you’ll have a team that understands these deadlines and will work diligently to protect your rights.
Steps to Take If You’ve Been Misdiagnosed
If you believe you’ve been misdiagnosed, it’s important to act quickly to protect your rights. Here’s what you should do:
- Seek a second opinion—confirm the misdiagnosis and begin receiving proper treatment;
- Document your experience—keep detailed records of your symptoms, treatments, and interactions with healthcare providers;
- Consult a medical malpractice attorney—they can evaluate your case and help you understand your legal options; and
- File your claim promptly—Hawaii’s statute of limitations for medical malpractice cases is generally two years from the date of injury or discovery, however there are many exceptions and conditions that may affect the exact time for your claim, so do not delay.
In Hawaii, most claims against doctors and hospitals are filed with the Medical Claims and Conciliation Panel before they are filed in Court. An experienced attorney can guide you through the legal process, giving you the confidence to move forward.
Can You Sue a Doctor for Misdiagnosis in Hawaii? Cronin, Fried, Sekiya, Kekina & Fairbanks Can Help
When a misdiagnosis disrupts your life, the road to recovery can feel like a frustrating and disheartening journey, leaving you wondering how much time and trust has been wasted.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we understand the profound impact medical errors can have—physically, emotionally, and financially. As Honolulu’s trusted medical malpractice lawyers, we’re here to help you navigate these challenges and fight for the justice you deserve.
Misdiagnosis is a serious issue that can lead to worsened health conditions. Hawaii law allows victims of medical malpractice to seek compensation for these hardships, but the process requires strong legal expertise. With decades of experience handling complex medical malpractice cases, our team has the knowledge, resources, and dedication to build a compelling case on your behalf. Whether through negotiation or trial, we’re committed to achieving the best possible outcome for you.
Don’t wait to take action—Hawaii’s statute of limitations imposes strict deadlines on medical malpractice claims. Contact us today for a free consultation, and let us guide you through the process. Your fight for justice starts here.
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