Statute of Limitations |
Medical Claim Generally:No medical malpractice claim “shall be brought more than two years after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, but in any event not more than six years after the date of the alleged act or omission causing the injury or death. This six-year time limitation shall be tolled for any period during which the person has failed to disclose any act, error, or omission upon which the action is based and which is known to the person.” [HRS § 657-7.3] Minors:Actions must be commenced “six years from the date of the alleged wrongful act except the actions by a minor under the age of ten years shall be commenced within six years or by the minor’s tenth birthday, whichever provides a longer period. Such time limitation shall be tolled for any minor for any period during which the parent, guardian, insurer, or health care provider has committed fraud or gross negligence, or has been a party to a collusion in the failure to bring action on behalf of the injured minor for a medical tort. The time limitation shall also be tolled for any period during which the minor’s injury or illness alleged to have arisen, in whole or in part, from the alleged wrongful act or omission could not have been discovered through the use of reasonable diligence.” [HRS § 657-7.3] Wrongful death:The statute of limitations begins to run at the time of death. [Hawaii Revised Statutes (HRS) § 663] |
Damage Caps |
Hawaii Revised Statutes section 663-8.7 limits pain and suffering damages to $375,000 in almost any kind of personal injury (tort) case in Hawaii, including medical malpractice lawsuits. |
Attorney Fee Caps |
Hawaii currently has no attorney fee caps other than the general requirement of reasonableness. [HRS § 607-15.5] |
Pre-suit Requirements |
The Hawaii Supreme Court requires, before filing any tort claim, submitting “an inquiry to the medical inquiry and conciliation panel before a suit based on the circumstance of the inquire may be commenced in any court of this State.” Hawaii is also a notice pleading state [(HRS) § 663 & Yamane v. Pohlson] |
Expert Qualifications |
Hawaii only requires the general rules for experts laid out in Hawaii Rules of Evidence (HRE) Rules 702 and 703 of the testimony being relevant and reliable. |
Negligent Credentialing Claims |
Hawaii has not definitely stated whether negligent credentialing is a viable cause of action. The court in Domingo by and through Domingo v. Doe (1997) stated that negligent credentialing was a logical extension of the state’s recognized cause of action for negligent hiring. |
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