Hawaii Medical Malpractice Laws

The 2-year period begins when the plaintiff discovers or should have discovered the damage, the violation of duty, and the connection between the violation and the damage.

The statute of limitations is tolled for minors until they reach the age of majority (18).

Damages recoverable for pain and suffering in medical malpractice cases are limited to $375,000, the same cap that applies to most tort actions in Hawaii.

There is no cap on economic damages (past and future medical expenses, lost income, lost earning capacity) in medical malpractice cases.

Before filing a medical malpractice lawsuit in court, a plaintiff must submit the claim to the Medical Inquiry and Conciliation Panel (formerly MCCP). The panel consists of one attorney and one physician. A filing fee of up to $450 may apply. If the parties cannot resolve the claim during the panel review, the plaintiff may then file in court.

Hawaii requires that medical tort claims be submitted to the Medical Inquiry and Conciliation Panel before a lawsuit may be filed in court. The panel reviews evidence, medical records, and hears from witnesses to facilitate resolution.

Healthcare providers must obtain informed consent before providing treatment. Failure to obtain informed consent, including failure to disclose the material risks and alternatives of the proposed treatment, can be a basis for a medical malpractice claim.