HIRAHARA v. TANAKA

No. 20429.

959 P.2d 830 (1998)

87 Hawai`i 460

Gayle N. HIRAHARA, as Prochein Ami for Laurie M. Hirahara, Bradley S. Hirahara, and Lisa S. Hirahara, Minors; Myles M. Hirahara, Shizue Hirahara; and Shirlyn H. Young as Personal Representative of the Estate of Harvey S. Hirahara, Deceased, Plaintiffs-Appellants, v. Kazushi TANAKA, M.D., Defendant-Appellee, and Island Anesthesia, Inc.; John W. Pearson, M.D.; Castle Medical Center, John Does 1-10; Jane Does 1-10; Doe Partnerships 1-10; Doe Corporations 1-10; Roe "Non-profit" Organizations 1-10; and Roe Governmental Agencies 1-10, Defendants.

Supreme Court of Hawai`i.

Reconsideration Denied June 25, 1998.


Attorney(s) appearing for the Case

L. Richard Fried, Jr.,John D. Thomas, Jr., and Patrick F. McTernan (of Cronin, Fried, Sekiya, Kekina & Fairbanks), Honolulu, for plaintiffs-appellants.

John S. Nishimoto, Stephen D.Dyer, and Gary S. Miyamoto (of Ayabe, Chong, Nishimoto, Sia & Nakamura), Honolulu, for defendant-appellee.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.


NAKAYAMA, Justice.

Plaintiffs-appellants Gayle Hirahara, et al. [collectively Hiraharas], appeal from an adverse judgment after jury trial in their medical malpractice action. The sole issue raised by the Hiraharas is whether the trial court erred by instructing the jury that a treating physician is not necessarily negligent for "errors in judgment." The Hawai`i appellate courts have not previously addressed this issue. We perceive a clear modern trend disfavoring...

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