Hawaii (HI) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Hawaii.
Damage Cap
No cap on damages
Statute of Limitations
2 years from the date of the act or omission
Discovery Rule
Hawaii applies the discovery rule, tolling the statute until the plaintiff discovers or should have discovered the injury and its cause, subject to a 6-year statute of repose.
Pre-Filing Requirements
Plaintiffs must submit claims to a Medical Claims Conciliation Panel (MCCP) before filing suit.
Average Settlement
$200,000 - $475,000
Average Verdict
$350,000 - $1,200,000
Key Facts About Hawaii Medical Malpractice Law
- 1Hawaii requires all medical malpractice claims to go through a Medical Claims Conciliation Panel before a lawsuit may be filed.
- 2The MCCP panel's findings are advisory and not binding but may be admitted as evidence at trial.
- 3Hawaii follows a modified comparative negligence standard with a 51% bar.
- 4There is no cap on punitive damages, but they require clear and convincing evidence of wanton or oppressive misconduct.
Need Help with a Hawaii Medical Malpractice Case?
If you believe you have a medical malpractice claim in Hawaii, it is important to act quickly. The statute of limitations in Hawaii is 2 years from the date of the act or omission. Most medical malpractice attorneys offer free initial consultations.