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RAY v. KAPIOLANI MEDICAL SPECIALISTS

No. 29988.

259 P.3d 569 (2011)

125 Haw. 253

Michael RAY, Individually and as Next Friend for Alyssa Ray, a minor, and Debbie Ray, Plaintiffs-Appellees/Cross-Appellants, v. KAPIOLANI MEDICAL SPECIALISTS; Defendant-Appellant/Cross-Appellee, and Kapiolani Medical Center for Women and Children, Defendant.

Supreme Court of Hawaii.

July 21, 2011.

Attorney(s) appearing for the Case

Kenneth S. Robbins of Robbins and Associates ( John-Anderson L. Meyer and Sergio Rufo of Robbins & Associates and Andrea M. Gauthier of Horvitz & Levy LLP, with him on the briefs) for Defendant-Appellant/Cross-Appellee Kapiolani Medical Specialists.

Robert S. Peck of the Center for Constitutional Litigation, P.C., pro hac vice, ( Collin M. (Marty) Fritz and Allen K. Williams of Trecker & Fritz, Philip Russotti of Wingate, Russotti & Shapiro, LLP, pro hac vice, and Margaret C. Jenkins with him on the briefs) for Plaintiffs-Appellees/Cross-Appellants.

Girard D. Lau , Solicitor General, Kimberly Tsumoto Guidry and Deirdre Marie-Iha , Deputy Solicitors General, for Amicus Curiae Attorney General of the State of Hawai`i.

Arthur F. Roeca , April Luria, and Jodie D. Roeca of Roeca, Louie & Hiraoka for Amicus Curiae Hawai`i Medical Association and American Medical Association.

RECKTENWALD, C.J., NAKAYAMA, DUFFY, and McKENNA, JJ., and Circuit Judge WILSON, in place of ACOBA, J., recused.

Opinion of the Court by NAKAYAMA, J.

This appeal stems from an incident where Alyssa Ray ("Alyssa"), who has lupus, received treatment from Dr. Kara Yamamoto ("Dr. Yamamoto"), an employee of Kapi`olani Medical Specialists ("KMS"). Michael and Debbie Ray brought this action in the Circuit Court of the First Circuit (circuit court) against KMS for negligent treatment and failure to obtain informed consent. The jury found that Dr. Yamamoto's treatment of Alyssa was negligent...

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