Emergency Room Errors in Hawaii

About Emergency Room Errors

Emergency room errors occur when emergency department physicians, nurses, or staff make negligent decisions in the fast-paced environment of the ER, leading to patient harm. These errors often involve failure to properly triage patients, premature discharge, or missed diagnoses of life-threatening conditions. ER malpractice cases present unique legal challenges because courts consider the high-pressure, time-sensitive nature of emergency medicine when evaluating the standard of care.

Hawaii Medical Malpractice Laws

Common Examples of Emergency Room Errors

• •Failure to properly triage patients, resulting in delayed treatment of critical conditions
• •Premature discharge of patients with undiagnosed serious conditions such as heart attack or stroke
• •Misreading or failing to order critical diagnostic tests like CT scans or blood work
• •Failure to recognize and treat signs of internal bleeding or traumatic brain injury
• •Inadequate monitoring of patients in the ER waiting area
• •Medication errors due to incomplete patient history in emergency situations
• •Failure to consult specialists when the patient's condition warrants it

Key Facts

• ✓Emergency physicians are generally held to the standard of a reasonably competent ER physician, accounting for the time constraints and limited information available in emergencies
• ✓The Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals to provide medical screening examinations and stabilizing treatment regardless of a patient's ability to pay
• ✓ER overcrowding and understaffing are increasingly cited as contributing factors in emergency room error cases, potentially shifting liability to hospital administration
• ✓Triage records, nursing assessments, and time-stamped entries in the electronic health record are essential evidence for establishing the timeline of care
• ✓Many ER physicians are independent contractors rather than hospital employees, which can affect which parties are liable in a malpractice claim
• ✓Hawaii requires all medical malpractice claims to go through a Medical Claims Conciliation Panel before a lawsuit may be filed.
• ✓The MCCP panel's findings are advisory and not binding but may be admitted as evidence at trial.
• ✓Hawaii follows a modified comparative negligence standard with a 51% bar.
• ✓There is no cap on punitive damages, but they require clear and convincing evidence of wanton or oppressive misconduct.