Patients must give informed consent prior to medical treatment

| Feb 14, 2019 | Medical Malpractice |

There are many things that people in Hawaii do not know how to do. So, when they need help with those things they seek the assistance of professionals in that field who are trained to perform those types of work. If people need help with their plumbing, they call plumbers or go to car mechanics when their car breaks down. They also go to doctors when they have medical problems. Doctors go through extensive training so they are knowledgeable in a wide variety of procedures and diagnoses.

While much of this information is known to the doctors, most people who need the help do not understand it at all. Therefore, doctors must provide the information about the procedures in a manner they can understand prior to performing and medical procedures. Doctors need to explain why they want to do a certain procedure and the basics of how the procedure will be performed. They also need to explain the desired outcome of the procedure and any risks or side effects associated with the procedure. They also need to explain the patient’s alternative options to the proposed procedure and what could happen with the alternatives.

After explaining all this information, the doctor then needs to obtain the patient’s consent to proceed. The only exception to that rule is if there is an emergency situation and there is not enough time to obtain informed consent from the patient. If the doctor does not explain all the information stated above and something goes wrong with the procedure, they may have committed medical malpractice and the patient may be able to obtain compensation from the doctor for the damages caused by proceeding with a certain procedure.

People in Hawaii go to the doctor from time to time. The hope is that they can avoid them as much as possible, but at some point in time if they want to maintain their health, they will most likely need some medical attention. However, prior to receiving the treatment, they must have all the information needed to decide whether they want a certain procedure. People have a final say on almost all non-emergency procedures. Experienced attorneys understand these requirements and may be a useful resource.

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Case Results

$10,000,000 – Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$10,000,000 –  Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$2,500,000 –  Medical malpractice Settlement for the family of a man who died from a reaction to the wrong drug

$2,200,000 –  Catastrophic injury Negligence leading to disabling back and neck injury

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,600,000 –  Medical Malpractice Medical negligence for a delayed diagnosis of cancer

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$1,000,000 –  Failure To Diagnose Colon Cancer Failure to perform diagnostic tests for colon cancer by a primary care physician.

$1,000,000 –  Misdiagnosis Policy Limits For misdiagnosis of lupus of a woman that resulted in kidney failure.

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,000,000 –  Motorcycle Collision Policy Limits Automobile turned left in front of motorcycle, causing death.

$1,000,000 – Medical Malpractice Policy Limits Malpractice of a physician who delayed a diagnosis of colon cancer.

$9,500,000 – Auto Accident Client suffered back and neck injuries from a rear end collision.

$800,000 –  Medical Malpractice for an older gentleman who was not given a test for prostate cancer, resulting in undiagnosed metastasized terminal cancer.

$600,000 –  Golf Cart Collision Our client suffered serious back injuries

$500,000 –  Pedestrian Hit By Auto Underinsured Motorist Policy Our client was on the curb when a car hit her.

$443,000 –  Defective Rental Car Judgment entered by a Maui court after a nearly 3 week trial of our client who suffered a knee injury when the rental van seat was not properly attached to the floor.

$375,000 – Dram Shop (Liquor Service) Liability Our client was hit by a person, served excess alcohol.

$375,000 –  Night Club Beating Our client was illegally assaulted

$275,000 –  Slip & Fall On Premises A slip and fall case on a Chinatown sidewalk that the City has a duty to maintain, but outside a restaurant, who did regularly maintain the area. The City and restaurant were both liable.