Hawaii Injury Lawyer Blog

A little more than ten years after a federal report revealed that hospital errors were responsible for more than 98,000 number of injuries of deaths per year, a new report prepared by the inspector general for the U.S. Department of Health and Human Services reveals that the rate of medical mistakes is even higher than reported. The HHS medical error study concludes that just 1 in 7 hospital errors or accidents are reported, contrary to what is required by law. Additionally it is estimated that more than 130,000 Medicare patients have one or more “adverse events” in a single month.

According to the report, the adverse events included such preventable medical mistakes as medication errors – both in prescribing and giving – bedsores, hospital-acquired infections, delirium from excessive painkillers and excessive bleeding as the result of improperly administered blood thinners.

In 1999 the lack of reporting of medical mistakes was attributed to an alleged fear among hospital personnel about getting in trouble, job stability and lawsuits. As stated in a recent editorial in the New York Daily News, “Nowadays, the reason seems to be ineptitude.”

In fact preventable medical errors now rank as the sixth biggest killer in America, seriously injuring and even killing hundreds of thousands of Americans each year. And despite articles identifying the problems of negligent and reckless doctors or medical staff and the need for improved patient safety, medical mistakes continue to go unreported or underreported. In the intervening decade since the landmark report was issued little has changed by way of lessening the number of errors or in the reporting of problems.

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A recent case out of Hawaii looked at the issue of whether one defendant can introduce evidence of another party’s fault in a car accident after that party has settled. In Adams v. State of Hawaii Dept. of Transportation, the family of a woman who was killed after exiting a taxi cab in Kailua. In this pedestrian accident lawsuit, after Patricia Adams got out of a taxi on Kalanianaole Highway in Kailua she crossed the highway to catch a bus to Waimanalo. As she was crossing the road, she was struck by a car and died the next day from injuries sustained in the accident.

The family filed a wrongful death lawsuit alleging negligence against the taxi driver, the car driver and the Hawaii Department of Transportation (DOT). When any personal injury accident occurs, several different sources may be potentially responsible for the harm caused. It is important to consult with an experienced Hawaii personal injury law firm to begin an investigation and determine your next steps.

The lawsuit against DOT included allegation of negligent roadway design, including the following:

• [DOT] owed a duty to properly design and maintain the crosswalk and roadway where [Adams] was struck

• [DOT] breached its duties by negligently designing the crosswalk area and/or failing to providing adequate lighting and/or signage

• [DOT]’s negligence was a direct and proximate cause of the injuries and wrongful death.

Here, the family of the victim settled with both the taxi driver and the car driver, but went on to trial with DOT. At trial, the court specifically prohibited DOT from using the “empty chair defense,” i.e. pointing the finger at the other two defendants as responsible for the accident. However, on appeal the Intermediate Court of Appeals In Hawaii determined that a defendant may be allowed to introduce evidence that its negligence was not the cause of the accident even though the evidence will logically point the finger at someone of something else as causing the accident.

Continue reading "Defendant Allowed To Introduce Evidence At Trial Of Other Settled Defendants’ Fault in Adams v. State of Hawaii Dept. of Transportation " »

A Missouri woman has died in a tragic Hawaii hiking accident in north Maui. Reports indicate that the vacationer fell about 25 feet off a waterfall. Susan Stephens of Chesterville, Missouri sustained massive head injuries as a result of the fall and died on the way to the hospital. No foul play is suspected, but the accident remains under investigation.

Many times, tourists and other visitors are injured while exploring Hawaii’s many beautiful – and often dangerous – physical attractions. While in most situations no one may be to blame for the accidents, other times the landowner – whether the federal government, the State of Hawaii or a private citizen - may be held liable for failing to take adequate precautions to keep their land safe.

If you have been injured – or a loved one has been injured or killed – in an accident on another’s property, it is important to speak to a Hawaii personal injury attorney to answer your accident questions and determine your next steps.

In certain instances, a landowner may be liable for “premises liability.” Premises liability is a form of negligence that provides that property owners must keep their land free from unreasonably dangerous conditions. This may include a duty to warn of a dangerous condition or the duty to remove unreasonably dangerous conditions that he or she knew of or should have known of. The failure to remedy a dangerous condition or warn of an unreasonably dangerous condition may lead to liability for injuries caused. In Hawaii, where many people visit dangerous cliffs and waterfalls and traverse rocky terrain, it is important that adequate warnings be posted and appropriate measures be taken to ensure visitor safety.

Continue reading "Missouri Woman Dies In Maui Hiking Accident" »

Recently, the Hawaii Supreme Court determined that even where an individual if partly at fault for an injury, he or she may still recover compensation. In Steigman v. Outrigger Enterprises, a woman – Michele R. Steigman – was injured in a slip and fall accident at the Ohana Surf Hotel. She brought a premises liability lawsuit against the hotel, alleging negligence based on the type of flooring used in the hotel’s lanai.

Premises liability actions are based on injuries that occur as the result of an owner or operator of property failing to fix a dangerous condition on the property or the failure to adequately warn of the risk. Where an owner allows an unreasonably dangerous condition to exist on the property and an individual is injured as the result, the owner or operator may be found liable and responsible to pay damages for the harm caused in a personal injury lawsuit.

In Steigman, a woman and her family were guests at the Ohana Surf in Honolulu. After being caught in a rainstorm, the family returned to the hotel to dry off. Ms. Steigman slipped on the floor of the lanai’ and slid across the balcony, injuring her foot in the fall. She filed a lawsuit for negligence based on the design of the lanai’ surface as unsafe. The surface had a glossy surface that made it difficult to see whether it was wet or dry. The defense argued that because Steigman knew the surface was wet, that her own negligence caused the accident with the wet lanai presenting a “known or obvious danger” and she chose to confront the danger.

Continue reading "Hawaii Supreme Court Determines Property Owners May Still Be Liable For Premises Liability Even Where Danger Is Open And Obvious in Steigman v. Outrigger Enterprises " »

As stated in a recent article concerning the federal medical malpractice database a once useful tool to provide information about doctors who make medical mistakes has been changed, making it more difficult to obtain this crucial information. Recently, the Department of Health and Human Services changed the rules concerning how researchers and reporters use anonymous information about more than 196,000 doctors who commit medical malpractice or have other discipline issues. Previously, individuals such as reporters were able to download the information about dangerous doctors from the federal database, and in some cases, identify the particular offenders. Examples of medical negligence included surgical errors, delays in diagnosis, prescription errors and delivery mistakes.

If you believe you or a loved one has been injured as the result of medical malpractice, it is important to speak to an experienced Hawaii medical malpractice attorney. A skilled medical negligence lawyer can provide critical answers in your time of need.

Continue reading "Doctors With Histories Of Medical Mistakes Identities Protected By Database" »

A tragic Hawaii bicycle accident killed a Canadian tourist on the island of Maui this past week. The man had rented a bicycle and was riding near Haleakala National Park. According to reports as he approached a “sharp turn” in the road, his bike crossed the center lane. An oncoming SUV struck the man. The bicyclist was taken to Maui Memorial Medical Center where he was subsequently declared dead.
The accident remains under investigation, but no has been charged with any wrongdoing.

This incident serves as an important reminder concerning bike safety and what to do in the event of a bicycle accident. Bicycling is a popular form of exercise, enjoyment and mode of transport – especially in Hawaii with its year-round climate and breathtaking scenery. However, although bicycles have a legal right to share most roads with cars and trucks, in some cases this right is overlooked by aggressive or negligent drivers. Reckless driving often leads to serious, even fatal accidents. Common situations where bicycle accidents occur include when a car attempts to pass a biker, but doesn’t leave enough room and sideswipes them. Other times, accidents occur when drivers fail to ensure an intersection is free of cyclists when crossing, or failing to completely stop at stop signs.

Bike accident can result in a variety of injuries including, but not limited to,

• traumatic brain injuries
• Spinal cord injures
• broken bones
• road rash
• wrongful death

Continue reading "Hawaii Bike Accident Kills Canadian Tourist" »

This past week a Hawaii negligence trial began against the State of Hawaii as the result of injuries sustained by a couple in a rockslide. Michael Patrick O’Grady and Leiloni O’Grady have sued the state seeking compensation for their medical expenses, lost wages and loss of future earnings after a 160-ton rockslide crushed their car and seriously injured both the O’Gradys.

The lawsuit is based on premises liability and alleges that the state knew of the dangerous condition – the high potential for a rock fall – but failed to take action to alleviate the problem. Personal injury actions based on dangerous conditions may arise where a property owner is aware, or should have been aware, of a dangerous condition on their property or premises and fail to either take steps to remove the danger or to provide adequate warning. In Hawaii, serious personal injury and wrongful death actions often occur on state property because of the topography of the state, which creates significant dangers. Where the state fails to take adequate precautions and provide sufficient warnings, it may be held responsible for injuries that occur. If you have been injured while on the property of another, whether a business, a homeowner, or a governmental body it may be possible to recover damages for the harm caused. A knowledgeable Hawaii personal injury attorney can help answer your personal injury questions and investigate your claim.

Continue reading "Negligence Lawsuit Begins Against State Of Hawaii For Serious Injuries Sustained In Rockslide" »

Gabrielle Giffords public struggle to recover from a brain injury has inspired many, including others afflicted with traumatic brain injuries (TBIs) striving to put their “brain and body” back together after such an injury. As reported in an article about Gabrielle Giffords' brain injury, the congresswoman provides a well-known example of someone coping with the daily effects of a significant brain trauma. Unfortunately, Giffords is not alone in her battle to recover. In the United States alone, more than 1.5 million people suffer brain injuries each year.

TBIs can occur in a variety of manners, and are generally the result of a sudden jolt and blunt force to the head. Although they can occur as the result of a gunshot or aneurysm, they more occur much more commonly as the result of car accident or sports injury. If you believe you or a loved one has suffered a TBI as the result of another’s conduct, it is important to consult with a brain injury attorney to determine your next steps. Often, the extent of a TBI isn’t known at the time of an incident but is discovered much later. As described in the article, one car accident survivor recalled being in a car accident that “didn’t hurt the car but took me down.” She noted that she didn’t worry about her head at first, but then felt as if she “had developed the most massive case of ADD (attention deficit disorder). I could only focus on one tiny thing at a time. You have to learn in different ways.”

Another car accident victim detailed in the article suffered a massive TBI at age 19 and was sent into a coma for three and a half months. Now 40 and living in a skilled nursing facility, his condition has significantly improved to where “he can make himself understood.” However, even after extensive visits to hospitals, convalescent facilities and rehab programs, the man is not back the way he was.

Many war veterans also receive TBIs from explosions, often living with the resulting dizziness, mood changes and disorientation for a lifetime.

Continue reading "Gabrielle Giffords Recovery Inspires Others Suffering From Traumatic Brain Injuries" »

The family of a Kailua man killed by a federal agent at a Waikiki McDonalds has filed a wrongful death action against the agent, Christopher Deedy. The wrongful death complaint alleges that Deedy’s actions were malicious, grossly negligent and reckless when he “assaulted, battered and shot Kolin Ederts.”

A wrongful death complaint is a civil complaint based on the careless, reckless or negligent conduct of another that leads to someone’s death. A wrongful death action can occur in any personal injury situation and may be brought by the surviving members of a victim’s family. Generally this includes the parents, spouse and children of a victim. If you believe you have lost a love one due to the wrongful actions of another, it is important to consult with a Hawaii wrongful death attorney to determine your next steps. While no amount of money can make up for the death of a loved one, in certain circumstances, you may be able to recover compensation for medical expenses, funeral and burial costs, lost future earnings, as well as pain and suffering.

In the Waikiki incident, Deedy faces both criminal charges – he has been indicted on shooting charges – and the civil negligence lawsuit. The wrongful death suit alleged that Deedy “initiated violence against (Elderts) by kicking (Elderts) in the chest with a martial arts maneuver, knocking (Elderts) to the ground. The negligence complaint further alleges that Deedy “used excessive and undue force,” and was grossly negligent and reckless for “going drinking while armed with a loaded pistol.”

Continue reading "Kailua Family Sues Federal Agent For Wrongful Death In Elderts v. Deedy " »

The Hawaii Star Advertiser reports that five people died in a tragic Hawaii helicopter crash this past weekend. Two of the five were newlyweds from Pennsylvania celebrating their honeymoon on the Hawaiian island of Molokai. Two Canadians as well as a well-liked helicopter pilot lost their lives in the fiery crash. Sources indicate that a storm front quickly developed and its strong winds caught the tour helicopter, causing it to crash behind an elementary school. The helicopter burst into flames on impact. A witness to the accident noted that he heard the craft having trouble before it went down, stating that he "regularly heard helicopters going flying near his house, and the [helicopter] sounded nothing like those." "It was the weirdest sound I've ever heard. I thought it was gonna land in my backyard."

If you have been seriously injured in an accident, or lost a loved one in a tragic accident, it is important to consult with an experienced Hawaii personal injury attorney. Even if filing a lawsuit is the furthest thing from your mind after a devastating accident occurs, a knowledgeable Hawaii accident law firm can provide you with crucial information concerning your next steps, and can answer your personal injury questions.

Although from initial reports it appears that weather was a significant factor in causing the accident, when sightseeing tour accidents occur it is important to investigate all potential causes. For example, some common questions include: Was the helicopter properly maintained? Did a manufacturing defect exist? and Did pilot error contribute to the incident? Further, even where passengers have signed a waiver accepting certain risks, under certain circumstances families may be able to recover compensation for a wrongful death.

Continue reading "Tragic Helicopter Accident Kills 5" »

A recent story chronicled the events surrounds Schelly Sanders, a woman who went into an Ohio hospital for a simple procedure but suffered a serious injury as the result of a medical mistake. Sanders had seen a physician to have her fallopian tubes tied, but he committed a medical error and punctured two holes in her bladder.

As the result of the medical malpractice, she developed sepsis - a severe infection – that caused her to lose all muscle control for several months. After months of rehabilitation she was left with chronic pain and permanent personal injuries. Sanders settled her case but subsequently died earlier this year as the result of cancer, attributed to excessive exposure to x-rays. Her death came at the same time as a new study in the New England Journal of Medicine revealed the challenges for some victims of medical errors to recoup damages for medical harm where caps exist.

According to the study, many malpractice claims are dropped without payment with the majority of doctors who make mistakes not having to pay at any point in their careers. If you have been harmed as the result of medical malpractice, it is important to speak to a knowledgeable Hawaii injury attorney who understands medical malpractice laws and can fight to ensure you receive the compensation you are entitled to.

Continue reading "Study Reveals Caps On Medical Malpractice Lawsuits Harm Victims Of Medical Mistakes" »

According to the New York Times, several techniques have been identified that are helpful to treat those who are suffering cognitive delays as the result of traumatic brain injuries (TBI). Although some of the TBI treatment methods were developed in response to help troops from Afghanistan and Iraq who have suffered head injuries, these techniques can be of aid to anyone who has suffered a debilitating TBI. TBIs are caused when excessive forces are applied to the head resulting in damage to the tissues of the brain. Statistics reveal that nearly 1.7 million American civilians suffer TBIs each year, often resulting from car accidents, sports accidents and construction accidents.

Symptoms of TBIs include:

• Confusion
• Headaches
• Dizziness
• Short-term memory loss
• Cognitive impairment

If you believe you or a loved one has suffered a traumatic brain injury as the result of an accident, an experienced Hawaii traumatic brain injury attorney can help. Where a TBI occurs as the result of the carelessness or recklessness of another, it may be possible to recover compensation for your injuries.

A report completed by the Institute of Medicine at the request of the Defense Department determined that certain methods – such as the use of special diaries to improve memory – helped those injured regain cognitive function. However, overall the lack of a sufficient evidence base made it difficult to support the development of specific therapeutic guidelines.

Continue reading "Studies Show Traumatic Brain Injury Techniques Helpful, But Require Additional Research" »