Hawaii Medical Malpractice Legal Questions

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5 legal questions have been posted about medical malpractice by real users in Hawaii. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include dental malpractice, birth injuries, and failure to diagnose. All topics and other states can be accessed in the dropdowns below.

Is contigency fee agreement are negotiable?

Answered 11 years and 5 months ago by Sarah Reese (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I'm a plaintiffs attorney in Mississippi and our contingency fee ranges from a third to 40%, depending on the nature of the case.  For example, for small car accident cases, our fee is usually a third.  For medical malpractice cases or cases that are more complicated, lengthy and/or expensive, our fee is usually 40%.   In addition to that fee, we also charge for expenses like postage, copying, legal research and the cost for obtaining medical records, etc.   If you signed a contract or agreement that referenced that fee, it is likely not negotiable.  However, you can always talk with your attorney and see if they are willing and/or able to reduce the fee any.... Read More
I'm a plaintiffs attorney in Mississippi and our contingency fee ranges from a third to 40%, depending on the nature of the case.  For example,... Read More

If you have Medical Chart notes that reflect a possible hospital malpractice or negligence, but you get no answers from the provider can you sue?

Answered 13 years and a month ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
If you have a malpractice case, you are going to have to retain an attorney in Oregon. The question will be whether you have been permanently injured as a result of the medical mistake. If all of your problems have since resolved, you probably do not have a financially viable case. The articles below discuss this issue.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in Oregon).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
If you have a malpractice case, you are going to have to retain an attorney in Oregon. The question will be whether you have been permanently injured... Read More

Is it likely to win a case where the hospital issued a cardiac stress test on my mother without alerting the family members and causing death.

Answered 13 years and 2 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
If your mother was competent, they would not have to ask you for permission for the stress test. Obviously, however, it is disconcerting that your mother died from a diagnostic test that was performed while she was in a hospital.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
If your mother was competent, they would not have to ask you for permission for the stress test. Obviously, however, it is disconcerting that your... Read More

When a doctor misdiagnoses me with the flu when I had a uti that turned septic, is it the doctor's fault for not performing a thorough examination?

Answered 13 years and 4 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It is hard to say whether you received negligent care. Not every diagnostic failure is caused by medical malpractice. If you did not complain of symptoms commonly associated with a UTI infection (Click here) then the doctor's failure to diagnose this condition was probably not negligence. Beyond this, despite the sepsis and five day hospital admission, you probably do not have a financially viable case.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
It is hard to say whether you received negligent care. Not every diagnostic failure is caused by medical malpractice. If you did not complain of... Read More

my family member was being treated by a Hawaii community health center

Answered 13 years and 8 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Healing problems in diabetics are a well known problem. The question is whether accepted standards of care required the doctors to do more to avoid an infection, which ultimately traveled to the bone and caused osteomyelitis. Contact a local medical malpractice attorney (one in Hawaii). Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office. Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case.... Read More
Healing problems in diabetics are a well known problem. The question is whether accepted standards of care required the doctors to do more to avoid... Read More