This form is a sample personal injury complaint alleging improper medical treatment resulted in patient's death.
Hawaii Complaint for Personal Injury and Wrongful Death for Improper Medical Treatment
State:
Multi-State
Control #:
US-PI-0293
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death For Improper Medical Treatment?
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FAQ
Wrongful death. n. the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an inten- tional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder.
Under Hawaii law, most personal injury lawsuits must be brought within two years from the date of the injury.
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.
Duty: the defendant owed the plaintiff a duty of care; Breach of Duty: the defendant failed to meet that duty; Cause in Fact: but for the defendant's failure, the plaintiff would not have been injured; Proximate Cause: the defendant's failure (and not something else) caused the plaintiff's injury; and.
Yes, you can sue for emotional distress in Hawaii.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Under Hawaii law, a deceased person's legal representative or qualifying family members or dependents may bring a wrongful death action against a person or entity whose wrongful act, fault, or default caused the death of another person.
When a member of your family dies because of the carelessness or negligence of another person, you have a right to seek compensation for your losses, including the support they would have provided, any funeral and burial expenses, and, in some states, for loss of companionship or consortium.>