Hawaii Medical Malpractice Laws

Noneconomic damages for pain and suffering is limited to $375,000. The statute of limitations is two years from discovery, but not to exceed six years from the incident (for minors, six years from the incident except for a minor under 10 years old at the time of the incident, then six years or by the tenth birthday, whichever period is longer). There is joint and several liability for economic damages and several liability only for noneconomic damages (if the negligence of a defendant is less than 25%, noneconomic damages are awarded in proportion to the degree of fault). Attorney fees for the parties must be reasonable and be approved by the court. There is no provision for periodic payments. A medical claim conciliation panel is required to review and render an advisory opinion on liability and damages, which process is not admissible if the claim goes to trial. There is no requirement for an affidavit or certificate of merit.

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