Hawaii Birth Injury Lawyers

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Hawaii Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Hawaii Rev. Stat. §657-7.3 Two years from discovery, not to exceed six years from act. Minors under age 10: commenced within six years or by the minor's 10th birthday, whichever provides a longer period. Minors over age 10: commenced within six years from the date of the alleged wrongful act.

Hawaii Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

§663-8.7. Noneconomic damages recoverable for pain and suffering shall be limited to a maximum award of $375,000.

Limits on Attorney Fees

§607-15.5. Attorneys' fees for both the plaintiff and the defendant shall be limited to a reasonable amount as approved by the court.

Periodic Payments

No applicable statute.

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

§432E-9. Utilization review

§624-25.5. Proceedings and records of peer review committees and quality assurance committees.

§663-1.7. Liability of professional society; peer review committee; ethics committee; hospital or clinic quality assurance committee