Medical malpractice and lack of informed consent

| Nov 6, 2019 | Medical Malpractice |

When Hawaiians go to the hospital they expect to receive appropriate and effective treatment. This may mean obtaining an accurate diagnosis, being administered the proper medication or undergoing the right kind of surgery. Yet, far too often medical professionals fail to live up to their responsibilities. When this happens, unsuspecting patients can be left with serious, sometimes life-threatening injuries.

One way medical malpractice occurs is by a medical professional providing care that is beyond the bounds of informed consent. Informed consent is when a patient agrees to a certain course of treatment, but only after being informed of his or her medical condition, the treatment options available to him or her, the risks associated with each type of treatment, the risks of receiving no treatment and his or her prognosis. This information must be conveyed to the patient in clear, easily understandable terms so that he or she knows exactly what type of care he or she is deciding on.

While most doctors obtain informed consent before moving forward with treatment, others simply neglect to do so. Yet, even those who obtain informed consent can commit medical malpractice if they proceed with a course of treatment that goes beyond the scope of that consent.

However, in order to succeed on a medical malpractice claim linked to lack of informed consent, an injured patient must show that treatment was, in fact, given without informed consent. In addition, they must show that he or she would have avoided the injuries in question by opting out of that treatment, if he or she had been fully informed of the treatment and its associated risks.

Medical malpractice can have powerful ramifications on an individual’s life. It can leave him or her with extensive physical, emotional and financial damages that can quickly become overwhelming. Fortunately, these victims may have legal recourse.

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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.