Hawaii Medical Malpractice — Requirements & Limits

Medical malpractice claims in Hawaii carry a higher burden of proof, stricter procedural requirements, and tighter deadlines than ordinary personal injury cases. The plaintiff must prove that a healthcare provider deviated from the accepted standard of care and that this deviation — not the underlying illness or condition — caused the harm.

Not every bad outcome is malpractice. To have a valid claim, four elements must be established:

In virtually all medical malpractice cases, expert testimony is required to establish both the standard of care and the breach. The expert must be a qualified medical professional — typically a practitioner in the same specialty as the defendant. Without a qualified expert willing to testify, the case cannot proceed.

Hawaii imposes specific procedural requirements on medical malpractice claims that must be satisfied before or at the time of filing:

• Pre Suit Notice: Notice of intent to sue must be provided to each defendant healthcare provider at least 90 days before filing. SOL tolled during notice period. §671-18
• Review Panel: Medical claim conciliation panel review may be required before filing in circuit court. §671-11

The general personal injury statute of limitations applies: 2 years from the date of the act or omission.

Hawaii imposes caps on certain categories of medical malpractice damages:

• $375,000 noneconomic damages cap in medical malpractice (Cap on noneconomic damages (pain and suffering, mental anguish) in medical malpractice cases. Does not cap economic damages.) §663-8.7

• Surgical errors — wrong site, retained instruments, nerve damage, anesthesia errors
• Misdiagnosis or delayed diagnosis — failure to diagnose cancer, heart attack, stroke, or infection in time to prevent progression
• Medication errors — wrong drug, wrong dose, dangerous drug interactions, failure to check patient history
• Birth injuries — failure to monitor fetal distress, improper use of forceps or vacuum, delayed C-section
• Failure to treat — correct diagnosis but inadequate treatment, premature discharge, failure to refer to a specialist
• Failure to obtain informed consent — performing a procedure without adequately explaining risks and alternatives

Hawaii follows modified comparative fault — damages are reduced by the injured person's percentage of fault, but if the injured person is 51% or more at fault, they recover nothing.

This rule applies in medical malpractice just as in other personal injury cases. The defense may argue the patient contributed to the harm — by failing to follow post-operative instructions, not disclosing relevant medical history, or delaying follow-up care.

• Request your complete medical records — you have a legal right to them. Do this before anything else.
• Do not delay — the combination of filing deadlines, pre-suit requirements, and the time needed for expert review means that early action is essential.
• Continue treating with other providers — mitigating your injuries is both medically necessary and legally important.
• Document the timeline — note when symptoms appeared, what you were told by providers, and when you first suspected something went wrong.