Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation, facility or institution licensed by the state to provide health care or professional services, or an officer, employee, or agent thereof acting in the course and scope of his employment. A claim can be brought against physicians, dentists, nurses, therapists, hospitals, and pharmacists, among others. A physician commits medical malpractice if he fails to act in the same manner a reasonably prudent physician in the same field of medicine would act under the same circumstances. Nurses, therapists and other health care providers, and the hospitals or clinics they work for, can be held responsible for their failure to meet accepted standards of care in their particular field. Hawaii has not imposed liability on hospitals for the negligence of nonemployed physicians.
There may be more than one cause of an injury. When the negligent conduct of two or more parties contributes concurrently as causes of an injury, liability for economic loss is joint and several. Liability for noneconomic damages is also joint and several if the defendant is at least 25% negligent.
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