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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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THE CONSTITUTION OF THE STATE OF HAWAII
ARTICLE XIV - CODE OF ETHICS
INDEX TO 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
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index (pdf, 45K)
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THE CONSTITUTION OF THE STATE OF HAWAII
As Amended and in Force January 1, 2000
ARTICLE XIV
CODE OF ETHICS
The people of Hawaii believe that public officers and
employees must exhibit the highest standards of ethical conduct
and that these standards come from the personal integrity of each
individual in government. To keep faith with this belief, the
legislature, each political subdivision and the constitutional
convention shall adopt a code of ethics which shall apply to
appointed and elected officers and employees of the State or the
political subdivision, respectively, including members of the
boards, commissions and other bodies.
Each code of ethics shall be administered by a separate
ethics commission, except the code of ethics adopted by the
constitutional convention which shall be administered by the
state ethics commission. The members of ethics commissions shall
be prohibited from taking an active part in political management
or in political campaigns. Ethics commissioners shall be
selected in a manner which assures their independence and
impartiality.
Each code of ethics shall include, but not be limited to,
provisions on gifts, confidential information, use of position,
contracts with government agencies, post-employment, financial
disclosure and lobbyist registration and restriction. The
financial disclosure provisions shall require all elected
officers, all candidates for elective office and such appointed
officers and employees as provided by law to make public
financial disclosures. Other public officials having significant
discretionary or fiscal powers as provided by law shall make
confidential financial disclosures. All financial disclosure
statements shall include, but not be limited to, sources and
amounts of income, business ownership, officer and director
positions, ownership of real property, debts, creditor interests
in insolvent businesses and the names of persons represented
before government agencies. [Add Const Con 1978 and election
Nov 7, 1978]
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