Hawaii Injury Lawyer Blog

A recent study reveals that many medical mistakes occur because physicians are not listening to their patients. In addition to wrong-site surgeries, many errors take place simply because physicians lack good doctor-patient communication skills.

According to an elective surgery mistake study that evaluated ways to reduce errors in elective surgeries, outcomes would improve if doctors both educated their patients more about the risks of a particular surgery and listened better to their patients' needs and medical conditions.

Not all bad outcomes constitute medical malpractice, but if you have had a surgery and suffer a worse than expected outcome, ask yourself the following questions:

• Is your condition worse after the treatment?
• Are your symptoms typically associated with the medical procedure you underwent?
• Did you doctor adequately explain the symptoms before or after the treatment?

Where you are not satisfied with the answers you receive, or believe that you have been harmed as the result of a procedure, we encourage you to speak to a Hawaii medical malpractice attorney.

Continue reading " Medical Mistakes Occur Due To Poor Doctor-Patient Communication " »

H.R. 5, a bill seeking to establish national tort reforms measures, continues to be discussed at length by Congress. If passed, the bill could take away the right to trial by jury in some medical malpractice cases and place potentially unconstitutional limits on recovery of non-economic damages.

As Hawaii personal injury attorneys concerned about medical malpractice, we are opposed to Congress limiting victims’ compensation and access to the court system. If you believe you have been harmed by the negligence or recklessness of another, those responsible for your injuries should be held accountable.

Currently, the number of medical malpractice lawsuits filed is significantly less than the amount of medical negligence that occurs. In 1999, the Institute of Medicine found that up to 98,000 patients die in hospitals each year due to medical errors. This past November, the Department of Health and Human Services found that medical errors occur in the treatment of 1 out of every 7 patients, and that 44% are preventable.

Continue reading " Medical Malpractice Laws Challenged By H.R. 5 " »

Recently, several hospitals have implemented policies banning the videotaping of newborn deliveries. Last month, a Maryland woman started an on-line petition supporting the right to tape this significant occasion, drawing attention to the increased number of hospitals prohibiting videotaping. Laurie Shifler was expecting her eighth child and planned to videotape the birth but was told her hospital, Meritus Medical Center, barred all pictures and videos during birth, including those taken on cell phones.

While hospital administration claim the policies are to ensure you and your baby are provided the best care with little distraction, critics point to recent medical malpractice cases where personal delivery videotapes were used as evidence against physicians. In fact in 2007, one family was awarded $2.3 million in a birth injury lawsuit where a video taken by a father in the delivery room showed the nurse-wife using excessive force.

Due in part to physician's concerns regarding the use of videotape evidence in birth injury lawsuits, hospitals around the country are re-thinking their policies allowing cameras in the delivery room. However, if doctors are doing their jobs videotapes would also show that – leading to more transparency in the delivery process.

Continue reading " Medical Malpractice and Delivery Room Videotaping " »

Recently renewed emphasis has been placed on “tort reform” and medical malpractice reform – including efforts to impose a national cap on the amount of non-economic damages that victims of medical malpractice can recover.

As Hawaii medical malpractice attorneys, we oppose such measures as often denying those who suffer catastrophic injuries access to justice. Often those with limited economic damages, such as children and the elderly, suffer the most from these laws. Where caps exist, many times those who suffer catastrophic injuries find it too costly to bring a lawsuit.

Recently, the Hawaii Supreme Court heard oral argument on whether the state’s cap on physical pain and suffering, currently at $375,000, is constitutional. In Ray v. Kapiolani Med. Specialists, a doctor erroneously gave a girl high-dose steroid treatments, causing permanent disabilities. A Hawaii jury awarded the girl $2 million. This amount was initially reduced by the state’s cap. On appeal, the family asked to court to declare the cap unconstitutional and reinstate the jury verdict.

Continue reading " Hawaii Medical Malpractice Case Challenges Damages Cap " »