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Recent Personal Injury and Car Accident News and Cases related to Hawaii
The Arizona Court of Appeals issued a published decision on 4-21-09, William Ritchie et al. v. Scott Krasner, MD, No. 1 CA-CV 08-0099, holdling that a defense medical examiner has a duty of reasonable care to a claimant examined for a workers' compensation claim. In this med mal wrongful death case the DME was held negligent and liable for 28.5% of the award for telling the claimant that he did not need any further treatment and could RTW without restrictions when actually the claimant needed immediate cervical spinal surgery. The 8 month delay in the surgery resulting from the doctor's false opinion caused damage to the spinal cord. The claimant developed chronic pain syndrome and died 4 years later from a medication overdose. The Court upheld the liability of the doctor for the CPS and for the death as well. Hopefully Hawaii will soon follow suit and hold these"insurance company doctors" responsible for their opinions.
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Hawaii Injury Lawyer | Attorney
William Lawson, Esq.
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813
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The Constitution Of The State Of Hawaii
Section Titles
Preamble
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
Article XVI
Article XVII
Article XVIII
Effective Date
Jones Act- maritime law and seaman cases
STATUTE'S LANGUAGE
CASE LAW
I. IN GENERAL
A. General Principles
B. Other Remedies
1. Traditional Maritime
Remedies
2. Federal Law Remedies
3 Remedies by State Law
C. Foreign Involvement
1. In General
2. Place of Injury
3. Flag or Ownership
of Vessel
a. In General
b. Foreign Ownership
c. Foreign Vessels
with American Interests
4. Nationality of Seaman
5. Other Factors
II. PERSONS ABLE
TO RECOVER
A. Seamen
1. General Principles
a. In General
b. Status as Seaman
2. "Vessel in Navigation"
a. In General
b. Status of Vessel
c. Particular Vessels
3. Particular Seamen
B. Representatives of
Seamen
III. EMPLOYMENT
A. In General
B. Particular Entities
as Employers
C. In Course of
Employment
IV. NEGLIGENCE
A. In General
B. Vicarious Liability
1. In General
2 Particular Acts of Crew
C. Circumstances of
Injury
1. Assault
a. In General
b. Assaults Among Crew
& Officers
2. Improper Supervision
a. In General
b. Particular Acts
3. Medical Care
4. Particular Properties
of Vessel & Dock
5. Other Circumstances
V. DEFENSES
A. Seaman's Conduct
1. Comparative
Negligence
2. Assumption of Risk
3. Particular
Circumstances
B. Release
C. Limitations of Actions
1. Statutory Limitations
2. Laches
D. Collateral Estoppel &
Res Judicata
E. Limitation of Liability
F. Other Defenses
VI. DAMAGES
A. In General
B. Damages for Injury
1. Elements of Damages
2 Award Deductions
C. Wrongful Death
1. Elements of Damages
2. Computation of Award
VII. PRACTICE &
PROCEDURE
A. State Court Actions
B. Jurisdiction
1. In General
2. Bases of Jurisdiction
C. Venue
1. In General
2. Bases of Venue
3 Forum Non Conveniens
D. Election of Remedies
1. In General
2. Particular Remedies
E. Institution of Action
F. Pleadings and Motions
1. Complaint
2. Answer
3. Motions
G. Removal and Remand
H. Discovery
I. Jury
1. Right To Jury Trial
2. Submission of Issues
J. Evidence
1. In General
2. Plaintiff's Burden
of Proof
3. Defendant's Burden
4. Admissibility
K. Appeal and Review
L. Settlement
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1999-2005 by William H. Lawson.