When injury or wrongful death is caused by negligence on behalf of a healthcare provider many costly and damaging complications can arise. Medical bills, therapies, and lost wages as well as trauma and emotional suffering can impact a full recovery and are eligible to be compensated in the form of economic or non-economic damages.
Before filing a claim in Hawaii it is important to know that the state has certain limits on the amount of compensation a plaintiff can receive for specific types of damages. Working with an experienced Hawaii medical malpractice attorney is the best way to protect yourself or a loved one after an injury or death and receive the damages you deserve.
What Damages can be Recovered?
While both economic and non-economic damages are compensable in a medical malpractice claim, it is important to distinguish between these two types of damages.
Economic damages account for any costs or financial losses that can and will be incurred due to medical malpractice injury or death including:
- Medical bills
- Future medical care
- In-home care
- Travel to and from medical care
- Lost wages
- Future lost income or earning capacity
- Home renovations to accommodate accessibility needs
- Medical devices and supplies
- Rehabilitation or therapies
These damages are measured based on financial records such as medical bills, service quotes, and salary information. Working with an experienced medical malpractice firm such as Bostwick & Peterson is beneficial as we are able to consult planning experts or specialists to help develop an accurate estimate of complete damages.
Non-economic damages are typically more difficult to measure due to subjectivity. Hawaii recognizes the following non-economic damages:
- Pain and suffering
- Trauma
- Disfigurement
- Loss of enjoyment of life
- Loss of personal, family, and spousal relationships
- Other non-monetary losses
Non-economic damages are measured by the severity of the injury and how the injury affects the daily life of the plaintiff including hobbies, interests, or the plaintiff’s family as well as the amount of physical pain endured. Our team will evaluate the details of your particular situation and consult specialists as needed to develop a comprehensive picture of non-economic damages.
What is a Damages Cap?
A damage cap is a law that limits the amount of money a plaintiff can receive as repayment for damages. There are both federal and state laws that govern damage caps and it is important to understand the specific laws in the state where you are pursuing a claim. Many states enforce these limits, or caps, on damages - some both economic and non-economic - for a variety of reasons including reducing the liability of the defendant as well as preventing higher costs from being passed on to other consumers through raised insurance rates.
Hawaii Medical Malpractice Damages Cap
Hawaii does not place damages caps specifically on medical malpractice cases, but there is a state cap for receiving non-economic damages in any type of case in the maximum amount of $375,000. This means that in Hawaii, measurable “pain and suffering” damages issued to the plaintiff cannot exceed $375,000.
How We Can Help
Filing a medical malpractice claim and be complicated and overwhelming, especially if you are in the process of recovering. The Hawaii medical malpractice attorneys of Bostwick & Peterson have decades of experience protecting the rights of their clients and helping them receive maximum possible compensation through a settlement or trial. Contact our Honolulu office today to schedule a free consultation and case assessment.
