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McKenzie v. Hawaii Permanente Medical Group6/10/2002
Plaintiffs Carole McKenzie, individually and as Prochein Ami for Kathyrn McKenzie, a minor, and Roger McKenzie [hereinafter, collectively, the McKenzies] filed an action in the United States District Court for the District of Hawaii (the district court) against defendants Hawaii Permanente Medical Group, Inc., Kaiser Foundation Health Plan, Inc. [hereinafter, collectively, Kaiser], and Jerry I. Wilson for negligence arising out of an incident in which plaintiff Kathryn McKenzie, a pedestrian, was seriously injured when she was struck by an automobile driven by Wilson. The McKenzies and Wilson claim that the accident was caused by a fainting episode precipitated by the negligent prescription of medication to Wilson by Robert Washecka, M.D. (Dr. Washecka), an employee of Kaiser. Kaiser is being sued under the doctrine of respondeat superior. Recognizing that there is no clear Hawaii precedent concerning whether a physician could be sued for negligence by a third party who is not the physician's patient, the district court certified the following question to this court pursuant to Hawaii Rules of Appellate Procedure (HRAP) Rule 13 (2000):
Does a physician owe a legal duty which would create a cause of action legally cognizable in the courts of Hawaii for personal injury of a third party who was injured in an accident caused by his or her patient's adverse reaction to a medication that the physician negligently prescribed three days prior to the accident?
We answer the certified question with a qualified "yes" as discussed herein.
I. BACKGROUND
The following background information is derived from the portion of the district court's order entitled "Facts and Prior Proceedings[.]"
This case involves a medical malpractice and personal injury action to recover damages for injuries suffered by Kathryn McKenzie, a minor, who was injured on August 8, 1997 when she was hit by a vehicle driven by Wilson. The McKenzies and Wilson claim the accident occurred because Wilson fainted while driving due to an adverse reaction to a medication negligently prescribed by Wilson's physician, Dr. Washecka.
On August 5, 1997, Dr. Washecka, a Kaiser physician, prescribed prazosin hydrochloride, a generic form of the drug Minipress [hereinafter, prazosin], to treat a medical condition that Wilson had. Wilson was instructed to take a two milligram (mg.) tablet of prazosin at bedtime for three days, starting on August 5, 1997. Wilson was further instructed that, if he did not experience any side effects during the first three days, he was to take a 2 mg. tablet of prazosin twice a day, once in the morning and once at bedtime beginning the fourth day, August 8, 1997. Factual disputes exist as to whether the prescribed dosages were proper. Wilson was verbally warned by Dr. Washecka (presumably on August 5), and also through the medication's warning labels, of potential side effects and precautions regarding driving while on the medication.
Wilson alleges that he took his first three bedtime-doses of prazosin on August 5, 6, and 7 without incident. Wilson also contends that he took his August 7 bedtime dose at approximately 2:00 a.m., i.e., in the early morning hours of August 8. On August 8, 1997, Wilson alleges that he took his first morning dose of prazosin at approximately 7:45 a.m. and then drove to work.
As Wilson approached Vineyard Boulevard from Pali Highway, heading towards downtown Honolulu, he began to feel nauseated and dizzy and began to hyperventilate. A few blocks later, as he proceeded southbound on Bishop Street, he allegedly fainted and hit the car in front of him. Wilson's car then veered right and entered onto the sidewal
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