Common medical errors cause patients injury

| Oct 3, 2019 | Medical Malpractice |

When a patient goes to a Hawaii medical provider for assistance, they expect to receive quality care and have their medical conditions diagnosed in a timely fashion and treated appropriately. Unfortunately, some medical providers fail to provide the level of care they are legally and ethically obligated to provide. Some of the most common forms of medical error include misdiagnosis, improper treatment or treatment without consent.

One of the most egregious errors a doctor occurs during the diagnosis process. A misdiagnosis, delayed diagnosis or failure to diagnose can cause the patient to suffer additional harm that he or she would not have suffered if they had been appropriately diagnosed in the first place. Physicians are expected to establish a differential diagnosis, where a doctor will evaluate a patient come up with a list of possible diagnoses based on a patient’s symptoms. The doctor will list these possible conditions from most likely to least likely. In order to determine whether a doctor has misdiagnosed a patient, courts will often consider whether a reasonably competent doctor would have come up with a condition not on the treating physician’s list or whether the reasonably competent doctor would have ruled out certain conditions by ordering additional tests.

Another common error can be recommending the wrong treatment or medication, or failing to recommend treatment at all. In many cases, a doctor will evaluate a patient’s symptoms as minor, when they are really a sign of a much more serious condition. As a result, the patient may not get the treatment they need until it is too late.

Finally, doctors are legally required to obtain informed consent from the patient before administering treatment. If the doctor fails to give the patient a full picture of the possible risks and advantages to a certain treatment, the patient is not legally able to consent. If the patient suffers harm as a result of a procedure he or she did not consent to, the doctor may be liable for medical malpractice.

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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

$1,500,000 –   Whale Watch Passenger For injuries suffered to whale watch vessel passenger

$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.