Health & Medical in Hawaii
Key Hawaii Law
Hawaii Revised Statutes Section 657-7.3
Hawaii requires medical malpractice claims to be filed within two years of the injury or discovery under Haw. Rev. Stat. § 657-7.3, with a six-year absolute repose period.
View official statuteProcedural Details in Hawaii
Hawaii Agencies & Resources
Hawaii Medical Board
Licenses and disciplines physicians in Hawaii; accepts complaints about professional conduct.
Hawaii Medical Claim Conciliation Panel
Administers mandatory pre-suit conciliation proceedings for medical malpractice claims in Hawaii.
Hawaii Department of Commerce and Consumer Affairs
Oversees professional licensing and insurance regulation in Hawaii.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in Hawaii?
Hawaii provides a two-year statute of limitations from injury or discovery under Haw. Rev. Stat. § 657-7.3, with a six-year absolute repose period. Before filing suit, Hawaii requires submission to the Medical Claim Conciliation Panel (MCCP) under § 671-11 — a mandatory pre-suit step.
What is Hawaii's Medical Claim Conciliation Panel?
Hawaii's MCCP is a required pre-suit proceeding for medical malpractice claims under Haw. Rev. Stat. § 671-11. A panel of three members (an attorney, a physician, and a lay person) reviews the claim and issues a decision. The panel's finding is not binding, but it is admissible at trial. Skipping the MCCP may bar the lawsuit.
Does Hawaii cap non-economic damages in malpractice cases?
Hawaii does not currently have a statutory cap on non-economic damages (pain and suffering) in medical malpractice cases. Juries determine the appropriate amount of non-economic compensation. Economic damages are also uncapped.
How do I file a complaint against a physician in Hawaii?
Complaints against physicians may be filed with the Hawaii Medical Board through the Department of Commerce and Consumer Affairs at cca.hawaii.gov. The Board investigates misconduct and may suspend or revoke licenses. This process is independent of any civil lawsuit or MCCP proceeding.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in Hawaii?
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