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Dubin v. Wakuzawa12/1/1998
The plaintiff-appellant Gary V. Dubin appeals from the final judgment and order granting the motion of the defendant-appellee Wynn Wakuzawa, M.D., to dismiss the first amended complaint, which was joined by the defendants-appellees The Queen's Medical Center, Queen's Emergency Department, and Queen's Health Services (collectively, Queen's). On appeal, Dubin contends that (1) breach of confidentiality, breach of fiduciary duty, breach of patient-physician relationship, defamation, unfair and deceptive trade practices, and intentional/negligent infliction of emotional distress are not "medical torts" subject to the provisions of Hawaii Revised Statutes (HRS) § 671-16 (1993) and (2) treatment of the unauthorized disclosure of false medical facts by a health care provider as a medical tort, subject to the provisions of HRS ch. 671, violates the guarantees of equal protection of the laws embodied in the United States and Hawaii Constitutions. We affirm.
I. BACKGROUND
The issues in controversy arise from circumstances relating to Dubin's bench trial for income tax evasion in the United States District Court for the District of Hawaii. On August 13, 1994, Dubin was charged with three counts of wilfully failing to file federal income tax returns for the tax years 1986, 1987, and 1988, in violation of 26 U.S.C. § 7206. Each count was a federal misdemeanor, punishable by up to one year in prison and a substantial fine. Dubin's trial was scheduled to commence on September 13, 1994.
At the time of the scheduled trial, Assistant United States Attorney Leslie Osborne informed the district court that Dubin had checked into Queen's the previous night for back problems. The court immediately ordered the United States Attorney's Office to obtain a physician to examine Dubin. According to Osborne, when he called Queen's to make the arrangements for the examination, he was advised that Dubin was being discharged because he had no physical condition that would allow him to stay in the hospital. Upon receiving this information from Osborne, the district court found that Dubin was physically and mentally fit to participate in the trial and immediately issued a no-bail warrant. Dubin was subsequently arrested by United States Marshals and brought to trial. On September 14, 1994, Dubin was found guilty of the offenses with which he was charged.
Dr. Wakuzawa testified at Dubin's sentencing hearing that Dubin had checked himself into the Queen's Emergency Department on September 13, 1994, complaining of chronic neck pain. Diagnostic studies, including an EKG (electrocardiogram), pulse oximeter (i.e., determination of blood oxygen level), and cervical spinal x-rays, as well as a physical examination, were performed. Dr. Wakuzawa opined that Dubin was not exhibiting any physical condition that required hospitalization. Accordingly, Dubin was discharged from the medical wing of the hospital. Dr. Wakuzawa testified that Marie-Louise DeVegvar, M.D., Dubin's psychiatrist, had informed him that Dubin wished to be checked into the psychiatric ward but that he, Wakuzawa, was unaware as to whether Dubin had actually been admitted. Dubin was eventually sentenced to thirty months of imprisonment and fined $125,000.00, plus prosecution costs.
On December 13, 1996, Dubin initiated the present lawsuit by filing a complaint in the first circuit court. On December 19, 1996, Dubin filed a first amended complaint against Dr. Wakuzawa and Queen's, alleging (1) breach of contract (Count I), (2) breach of fiduciary duty (Count II), (3) breach of patient-physician relationship (Count III), (4) defamation and perjury (Count IV), (5) unfair and deceptive trade practices (Count V), and (6) negligent/inte
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