Hawaii Injury Lawyer Blog

The U.S. Supreme Court is currently considering whether to review a medical malpractice case involving an anesthesia error that left an Air Force Sergeant – Dean Patrick Witt - brain dead.

Although the nurse responsible for the error surrendered her license, Witt’s family was unable to bring a medical malpractice lawsuit against the Air Force because of a 60-year-old ruling, called the Feres Doctrine. The Feres Doctrine provides that medical malpractice is similar to battlefield injuries and as a result, the military is immune from civil litigation.

In Witt’s situation, a nurse anesthetist put a tube down the wrong part of the sergeant’s throat, depriving his brain of oxygen. He then died after being taken off of life support. Generally, when an anesthetist or anesthesiologist fails to properly administer anesthesia, they may be held responsible in a medical negligence lawsuit. However, because of the Feres Doctrine, the Federal court denied the Witt family’s claim. Witt’s family has petitioned the Supreme Court to review the case.

In a previous dissenting opinion, Justice Scalia wrote, “Feres was wrongfully decided and heartily deserves the widespread, almost universal criticism it has received.”

Continue reading " Supreme Court Considering Review Of Law Preventing Military Medical Malpractice Claims " »

Studies have shown that a recently developed robotic exoskeleton has significantly assisted those with spinal cord injuries rebuild muscle function and mobility.

The “RiceWrist” is a motorized device – a robotic exoskeleton - that helps speed recovery by retraining motor neuron pathways. The RiceWrist was developed by a team of mechanical engineers at Rice University and was designed to help those with spinal cord injuries to help reconnect motor pathways in the brain.

Spinal cord injuries can be devastating and may require life-long care. Spinal cord injuries are generally the result of a traumatic event such as a sporting accident, auto accident, medical malpractice or construction accident. They are characterized by a loss of function in your limbs. If you have suffered a spinal cord injury as the result of another’s negligence, you may have a right to be compensated for your pain and suffering and future medical costs.

Continue reading " RiceWrist Provides Hope To Spinal Cord Injury Victims " »

A recent study in the April issue of Health Affairs determined that despite efforts to improve safety, medical errors and other adverse events occur in one-third of hospital admissions. This figure is as much as ten times more than previously estimated.

If you believe you have been harmed as the result of a medical error, contact an experienced medical malpractice attorney to discuss your case and evaluate your options.

Although the study found improvements in health care over the past decade, Health Affairs Editor-in-Chief Susan Dentzer concluded, “overall progress has been agonizingly slow.”

Further, even in hospitals that have instituted advanced patient safety programs, errors continue to occur, with one in three patients suffering some sort of adverse event, including serious injuries and deaths.

A contributor to the issue advocates that health organizations adopt a “collective mindfulness,” or acute awareness that “even small failures in safety protocols or processes can lead to catastrophic adverse outcomes.”

Continue reading " Hospital Errors More Common Than Thought " »

Hawaii Circuit Court Judge Kathleen Watanabe has just ruled that the State of Hawaii caused the wrongful death of two women who fell down a cliff in Kauai park. Elizabeth Brem and Paula Ramirez fell in the same place as a teenage hiker who nearly died six months before.

A wrongful death lawsuit can arise from any personal injury accident where a person dies as the result of another’s negligent or wrongful conduct. In such cases, the person or entity may be held liable for its actions. Here, the State of Hawaii was negligent in failing to adequately warn of an unreasonably dangerous condition in one of its state parks.

Specifically, the court determined that the state failed “to protect or warm Elizabeth Brem and Paula Ramirez against the extreme and hidden dangers it knew existed…” and that the state’s failure to exercise reasonable care to protect the public was the legal cause of the womens’ deaths.

A spokesperson for the Brem family noted, “we hope Watanabe’s ruling may help to prevent ‘future injuries and deaths in Hawaii state parks.’”

Continue reading " State Of Hawaii Responsible In Wrongful Death Of Two Hikers " »