Articles Posted in Hawaii Supreme Court

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Alyssa Ray received treatment from Dr. Kara Yamamoto, an employee of Kapiolani Medical Specialists (KMS). Alyssa's parents brought an action in circuit court against KMS for negligent treatment and failure to obtain informed consent. The jury found that (1) Dr. Yamamoto's treatment of Alyssa was negligent but it was not a legal cause of Alyssa's injuries; and (2) Dr. Yamamoto failed to properly inform the Rays, and her failure was a legal cause of Alyssa's injuries. The circuit court granted judgment as a matter of law in favor of the Rays on their negligent treatment claim and entered judgment in favor of the Rays. The Supreme Court vacated the judgment of the circuit court, holding (1) the circuit court erred by granting judgment as a matter of law in favor of the Rays on their negligent treatment claim, and a new trial was required because the negligent treatment and informed consent verdicts were irreconcilable; (2) the circuit court did not err by denying KMS' motion for judgment as a matter of law on the issue of informed consent; and (3) the circuit court erred by admitting certain testimony and failing adequately to cure the error. Remanded for a new trial. View "Ray v. Kapiolani Med. Specialists" on Justia Law