Hawaii law

Medical Malpractice Laws in Hawaii.

Hawaii medical malpractice claims are subject to a 2-year statute of limitations from discovery, with a 6-year statute of repose. Before filing suit, plaintiffs must submit their claim to the Medical Inquiry and Conciliation Panel (MICP). Hawaii caps non-economic damages (pain and suffering) at $375,000 in most tort cases, including medical malpractice. The same modified comparative fault rules apply as in general personal injury cases.

Last verified: 2026-02-25

State law

Statute of Limitations

2 years from discovery; 6-year statute of reposeHRS § 657-7.3

Medical malpractice claims must be filed within 2 years after the plaintiff discovers, or through reasonable diligence should have discovered, the injury. In no event may a claim be filed more than 6 years after the date of the alleged act or omission.

Exceptions

Discovery Rule — 2 years from knowledge of injury, duty violation, and causal connectionHRS § 657-7.3

The 2-year period begins when the plaintiff discovers or should have discovered the damage, the violation of duty, and the connection between the violation and the damage.

Minors — Tolled during minorityHRS § 657-13

The statute of limitations is tolled for minors until they reach the age of majority (18).

State law

Fault & Liability Rules

Modified Comparative Negligence (51% Bar)HRS § 663-31

The same comparative fault rules apply as in general personal injury cases. If the patient's negligence exceeds the defendant's negligence, they recover nothing. In medical malpractice cases, patient fault is rarely a significant factor.

State law

Damage Caps

Non-Economic Damages (Pain and Suffering): $375,000HRS § 663-8.7

Damages recoverable for pain and suffering in medical malpractice cases are limited to $375,000, the same cap that applies to most tort actions in Hawaii.

Economic Damages: No cap

There is no cap on economic damages (past and future medical expenses, lost income, lost earning capacity) in medical malpractice cases.

State law

Filing Requirements

Medical Inquiry and Conciliation Panel (MICP)HRS § 671-11 to 671-19

Before filing a medical malpractice lawsuit in court, a plaintiff must submit the claim to the Medical Inquiry and Conciliation Panel (formerly MCCP). The panel consists of one attorney and one physician. A filing fee of up to $450 may apply. If the parties cannot resolve the claim during the panel review, the plaintiff may then file in court.

State law

Key Hawaii Statutes

Medical Inquiry and Conciliation PanelHRS Chapter 671

Hawaii requires that medical tort claims be submitted to the Medical Inquiry and Conciliation Panel before a lawsuit may be filed in court. The panel reviews evidence, medical records, and hears from witnesses to facilitate resolution.

Informed ConsentHRS § 671-3

Healthcare providers must obtain informed consent before providing treatment. Failure to obtain informed consent, including failure to disclose the material risks and alternatives of the proposed treatment, can be a basis for a medical malpractice claim.

State law

Official Sources

Hawaii State Legislature — Revised Statutes Hawaii DCCA — Medical Inquiry and Conciliation Panel

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Hawaii.

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Medical Malpractice Laws in Hawaii.

Statute of Limitations

Fault & Liability Rules

Damage Caps

Filing Requirements

Key Hawaii Statutes

Official Sources

Not Legal Advice

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