Hawaii Cerebral Palsy Lawsuit Filing Process

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Medical mistakes can happen, even in Hawaii, which boasts excellent healthcare facilities. If you have a child with cerebral palsy, consider the legal action you can take on their behalf. The Hawaii cerebral palsy lawsuit filing process is intricate, but an experienced lawyer can guide you and help get a better outcome.

Types of Lawsuits to File for Cerebral Palsy in Hawaii

There are two main types of lawsuits that you may need to file on behalf of your child living with cerebral palsy.

Medical malpractice lawsuits are filed if your child was negligently harmed by medical professionals. Discrimination lawsuits are complaints to fight against violations of your child’s rights.

Medical Malpractice Lawsuits

The first type of case you are likely to encounter is a response to the harm you believe your child suffered due to a doctor’s mistake. Medical malpractice lawsuits are filed against hospitals, doctors, and other medical professionals.

When someone in the healthcare industry does not provide an adequate standard of care, resulting in harm to a patient, it is considered medical malpractice. This kind of case holds those responsible accountable and can recover damages for the patient.

Discrimination Lawsuits

State and federal laws prohibit discrimination based on disabilities and require that all people have fair access to housing, public spaces, and public education.

When rights are violated, you can take legal action, either filing a complaint with a  government agency, filing a civil lawsuit, or both. The outcome is to improve access and even to recover damages if possible.

Filing a Medical Malpractice Lawsuit in Hawaii

You’ll need to take several steps to get through this legal process in Hawaii. You will have to make a lot of decisions along the way, so make sure you have the right lawyer to guide you through them:

1. Find out what the statute of limitations is. In Hawaii, you must file a medical malpractice lawsuit within two years of discovering that negligence occurred, as long as it is not more than six years from the actual incident.[1]
2. Discuss damages. Your lawyer will need to see all your medical records and receipts of expenses associated with your child’s condition. This will help you determine an amount to seek in the lawsuit. Know that non-economic damages are capped in Hawaii at $375,000.
3. Submit to the Medical Inquiry and Conciliation Panel. Hawaii law requires that you begin your medical malpractice case by submitting an inquiry to this panel. Made up of a lawyer and qualified medical expert, the panel reviews your case and decides if it has merit.[2] You must also submit a certificate that shows you or your lawyer already consulted with a medical expert. You must also provide a fee of $450.
4. File the lawsuit. Your lawyer can officially file the lawsuit once you make it past the panel and the defendants have been notified.
5. Enter settlement negotiations. The best and quickest outcome for you and your family is if your lawyer can negotiate a settlement on your behalf. This is a way to avoid trial, but it doesn’t always work out.
6. Go to trial. If negotiations fail, you will take your case to court. Your lawyer will present evidence, documents, medical experts, and testimony to prove that medical negligence occurred and harmed your child. If the jury decides in your favor, it will also determine the award amount.

Filing a Complaint or Lawsuit for Discrimination in Hawaii

As your child gets older, you could face more issues with discrimination.

In school, you may find that your child’s Individualized Education Plan isn’t being followed or that the district refuses to provide the necessary technology for your child’s education.

In housing, you may face discrimination, such as a rental denial, because your child is disabled. These kinds of discrimination are outlawed but still happen all too often.

The Hawaii Civil Rights Commission takes complaints, which may be your first step in this process.[3] If your lawyer believes a federal law better describes your case, you’ll file a complaint with the U.S. Department of Justice.

The Civil Rights Commission in Hawaii can help you resolve your complaint through mediation or begin a civil lawsuit.

The Commission and your lawyer can guide you through the steps in the process, which may include investigations, reviews, arbitrations, and determinations. You can always file a lawsuit if you are not happy with the result.

How to Find a Hawaii Cerebral Palsy Lawyer

A Hawaii cerebral palsy lawyer is a crucial advocate who will help make this entire process more comfortable.

The right lawyer will also give you a much better chance of a good outcome, including a bigger payout to help provide your child with treatment and care.

Look for a lawyer with the right kind of expertise and experience, not just a good lawyer practicing general law. You need a specialist, someone who has handled and won these cases and who has worked with families like yours.

Search for your family’s lawyer through the state bar association, references from other parents, and local community groups that advocate for the disabled.

Raising a child with cerebral palsy comes with challenges, but the process of filing a lawsuit to get justice shouldn’t be one of them.

Let the right attorney guide you through Hawaii’s laws and filing processes so that you can get the best results for your child’s future.