Medical Malpractice Rules in Hawaii
The deadline to file a medical malpractice claim in Hawaii, the discovery rule, and caps on damages.
Short answer: A claim against a licensed health care provider (or a hospital as employer) for professional negligence must be filed within two years after the patient discovers, or reasonably should have discovered, the injury, and no more than six years after the act or omission. Haw. Rev. Stat. § 657-7.3
| Medical malpractice deadline | A claim against a licensed health care provider (or a hospital as employer) for professional negligence must be filed within two years after the patient discovers, or reasonably should have discovered, the injury, and no more than six years after the act or omission. The six-year limit is paused while the provider fails to disclose a known act, error or omission. Claims by a minor must be filed within six years of the act, or by the child's 10th birthday if that is later, with additional tolling in some situations. Source: Haw. Rev. Stat. § 657-7.3 |
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| Medical malpractice caps | No separate malpractice-only cap was found. The general $375,000 cap on pain-and-suffering damages applies to tort actions, including medical malpractice, unless the case falls within the exceptions listed in § 663-10.9(2). Source: Haw. Rev. Stat. § 663-8.7 |
More Hawaii personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Hawaii
- Wrongful Death Lawsuits in Hawaii
- Car Accident Claims in Hawaii
- Dog Bite Liability in Hawaii
- Slip, Trip and Fall Injuries in Hawaii
- Motorcycle Accident Claims in Hawaii
- Pedestrian Accident Claims in Hawaii
- Bicycle Accident Claims in Hawaii
- Uber and Lyft Accident Claims in Hawaii
- Construction Site Injuries in Hawaii
- All Hawaii personal injury & wrongful death rules
FAQ
What is the statute of limitations for medical malpractice in Hawaii?
A claim against a licensed health care provider (or a hospital as employer) for professional negligence must be filed within two years after the patient discovers, or reasonably should have discovered, the injury, and no more than six years after the act or omission. The six-year limit is paused while the provider fails to disclose a known act, error or omission. Claims by a minor must be filed within six years of the act, or by the child's 10th birthday if that is later, with additional tolling in some situations.
Is there a cap on medical malpractice damages in Hawaii?
No separate malpractice-only cap was found. The general $375,000 cap on pain-and-suffering damages applies to tort actions, including medical malpractice, unless the case falls within the exceptions listed in § 663-10.9(2).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.