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Doe v. City and County of Honolulu3/15/2000
1, their true names and identities are presently unknown to [Jane], except that they are connected in some manner with the named [Defendants-Appellees] as agents, servants, employees, employers, representatives, sub-contractors, owners, co-venturers, lessees, assignees, licensees, associates, or independent contractors and/or were in some manner presently unknown to [Jane] engaged in the activities were a proximate cause of said injuries or damages to [Jane]. The identity of JOHN DOE 1 is known but [Jane] is now going through the [MCCP] process pursuant to statute. At such time as the MCCP process is completed and/or their true names and identities become known, [Jane] will amend the Complaint accordingly.
III. STATEMENT OF FACTS
14. [The City's] stated policy is that if a female has had a breast examination by her own physician within the past year, it is not necessary for the City physician to conduct one during the required HPD physical examination.
15. Realizing that the only reason for having to remove her bra would be for a breast examination, [Jane] informed the nurse that since her delivery in May, two months prior, her own physician had conducted a breast examination.
16. The nurse told [Jane] that in view of her recent breast examination the it would not be necessary for the doctor to examine her breasts.
17. Dr. John Doe entered the room, and while [Jane] sat on the examination table, he listened to her heart beat with a stethoscope. He made a dramatic facial expression which [Jane] took to mean that he had heard an abnormality in her chest.
18. Dr. John Doe, excitedly, told her to lie down on her back so he could confirm what he had heard. [Jane] was so concerned about what he may found that she did not question Dr. John Doe; she did as told.
19. [Jane] laid on the table dumbfounded as Dr. John Doe proceeded to fondle her breasts. He squeezed her nipples which caused her breast milk to squirt in his face.
20. Dr. John Doe then placed two fingers on [Jane]'s ribs and began moving her skin back and forth in a jerking motion. He did that several times. Other than to see her breasts bounce, [Jane] could not figure why Dr. John Doe was doing that. She asked him what was wrong. He replied, "You feel that? That's your liver." The only thing she felt were her ribs.
21. Since [Jane] joined HPD 13 years ago, she has had to take a physical each year as a condition to her employment. After her first physical in 1984 which included a breast examination by a City physician, she decided to have a yearly breast examination by her own physician to eliminate the need for a breast examination by a City physician. She is aware of the appropriate method for breast examination.
23. Later, as part of the examination procedure, [Jane] was asked to take a seat at Dr. John Doe's desk which she did. Dr. John Doe than asked her if she drank alcohol. She replied that she had not had even a beer while she was pregnant. She said she did drink a glass of wine given to her at the hospital to celebrate her motherhood, two months earlier.
24. Dr. John Doe then told [Jane] that her liver was unusually large or too low. [Jane] was alarmed when Dr. John Doe wrote on her medical report that she had an enlarged liver.
25. Based on Dr. John Doe's disturbing diagnosis, [Jane] visited her personal physician, at her own expense.
26. The examination conducted by her personal physician to confirm an enlarged liver, did not involve her breasts or rubbing her skin against her ribs. Confused, [Jane] told her personal physician that she had concerns about how Dr. John Doe h
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