This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff.
Hawaii Answer - Personal Injury - Pharmaceutical - Multiple Defendants
State:
Multi-State
Control #:
US-PI-0262
Format:
Word;
Rich Text
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FAQ
The Hawaii law uses a 51 percent bar for medical malpractice claims. That means that as long as the patient is no more than 50 percent at fault, he or she can collect damages. However, the amount of damages the patient collects would be reduced due to his or her actions.
If the defendant is less than 25% negligent, the defendant will only be severally liable, responsible only for his or her share of the damage. Tortfeasors who are only minimally negligent, are the only ones who have limited liability in Hawaii. Hawaii's joint and several liability is governed by statute Haw.
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
Under Hawaii law, most personal injury lawsuits must be brought within two years from the date of the injury.
Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.
Finally, we mapped each state and color-coded by quintile and produced a rank-based chart. As you can see, the leading state, Louisiana, has almost 8x as many lawsuits per 100,000 residents as the least litigious state, Hawaii.
A hospital generally is liable only for malpractice by its employees, which tends to exclude most doctors, although there are situations in which a hospital still may be liable for malpractice by a doctor.