Estate of Frey v. MastroianniAnnotate this Case
The Supreme Court vacated the intermediate court of appeals' (ICA) judgment affirming the judgment of the circuit court in favor of Dr. Robert Mastroianni on Plaintiff's claim that Dr. Mastroianni's negligence was the cause of Robert Frey's death, holding that the circuit court erred in holding that Plaintiff failed as a matter of law to present sufficient evidence of causation to make out a claim.
Among other things, the circuit court held that it had no jurisdiction over Plaintiff's "loss of chance" claim - a claim that Dr. Mastroianni's negligence caused Frey to lose a chance of recovery or survival - because the claim was not raised before the medical claim conciliation panel (MCCP). The ICA affirmed. The Supreme Court vacated the lower courts' judgments, holding (1) while a "loss of chance" is not a separate compensable injury under Hawai'i law, it may be considered in determining legal causation; (2) Plaintiff asserted a medical negligence claim that met the requirements of the MCCP statute, and therefore, the circuit court had jurisdiction over Plaintiff's negligence claim, including its loss of chance arguments; and (3) the circuit court erred in granting judgment as a matter of law to Dr. Mastroianni.