What do I need to know about affirming the medical malpractice claim in court?

In Hawaii, in order to affirm medical malpractice in court, a plaintiff must demonstrate that a healthcare provider acted negligently and that this negligence resulted in foreseeable harm or damage to the plaintiff. The court will examine all of the evidence presented to determine if the healthcare provider acted with the level of care and skill that a reasonable healthcare provider would have under similar circumstances. In order to demonstrate a claim of medical malpractice, a plaintiff must be able to prove that: (1) the healthcare provider had a duty to provide care with a reasonable degree of skill and knowledge; (2) the healthcare provider breached that duty; (3) the breach caused an injury to the patient; and (4) the patient suffered damages as a result of the breach. The plaintiff must also provide evidence of causation, meaning, they must prove that the harm or injury is a direct result of the healthcare provider’s negligence. In determining causation, the court will consider whether the harm claimed resulted directly from the breach of duty and whether the breach was a substantial factor in causing the injuries. The plaintiff must also provide an expert witness to give testimony regarding their medical treatment and what the expected medical standard of care should have been. The expert witness must be qualified and have knowledge of the specific area of medical care that is being disputed. Finally, the plaintiff must also demonstrate that they suffered some form of actual harm or damages as a result of the medical malpractice. This includes physical injury, pain and suffering, emotional distress, financial loss, and even death. The damages must be proven with evidence such as medical records, testimony, and other documentation.

What do I need to know about affirming the medical malpractice claim in court?

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