Medical Malpractice Laws in Hawaii (2026): Deadlines & Caps

Hawaii has its own set of deadlines, a damages limit, and an unusual pre-suit requirement for medical malpractice claims. A claimant generally must submit the matter to a state inquiry and conciliation panel before filing suit, and Hawaii caps pain-and-suffering damages while leaving economic losses uncapped. This page explains the statute of limitations, the statute of repose, the damages cap, the pre-suit panel process, and the wrongful-death rules. It is general legal information, not legal advice.

Statute of Limitations in Hawaii

Hawaii's medical tort limitations statute, HRS 657-7.3, generally requires a claim to be brought within two years after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury. This discovery rule means the clock often starts when the patient learns of the harm and its connection to the medical care, rather than on the date of treatment.

The statute applies broadly to claims against physicians, surgeons, dentists, nurses, chiropractors, physical therapists, and licensed hospitals based on alleged professional negligence or error.

Statute of Repose

Hawaii also imposes an outer limit. Under HRS 657-7.3, a medical tort action may not be brought more than six years after the date of the act or omission that caused the injury or death, regardless of when the injury was discovered. This six-year repose period is tolled for any period during which the provider knew of the act, error, or omission and failed to disclose it. In that situation the period can be paused until the patient discovers the malpractice.

Damage Caps in Hawaii

Hawaii caps noneconomic 'pain and suffering' damages at a maximum of $375,000 under HRS 663-8.7. That figure is one of the inputs our Hawaii settlement calculator uses to sketch a possible range for a claim. This is a general tort cap that applies to most personal-injury actions, including medical malpractice. It is a fixed figure and is not adjusted for inflation.

The cap is narrow in scope. It limits the statutory category of pain and suffering as defined in HRS 663-8.5, and it does not limit economic damages such as past and future medical expenses, lost earnings, or the cost of future care. The cap also does not apply to certain tort actions listed in HRS 663-10.9(2). Unlike some states, Hawaii's noneconomic cap has not been struck down and remains in force in 2026.

No cap guarantees any particular award. The amount of any case still depends on the evidence and the specific facts.

Pre-Suit Requirements: The Medical Inquiry and Conciliation Panel

Hawaii has an important pre-filing step. Under HRS 671-12, a person with concerns about a possible medical tort generally must submit a written inquiry to the Medical Inquiry and Conciliation Panel before a lawsuit based on those circumstances may be filed in a Hawaii court. The inquiry must state the facts and name the parties known to the claimant.

The panel typically includes an attorney chairperson experienced in personal-injury practice and a licensed physician or surgeon. The process is intended to encourage early resolution and reduce litigation costs. Hawaii later repealed its Patients' Compensation Fund provisions, but the panel requirement in Chapter 671 remains part of the pre-suit process.

Filing the inquiry stops the clock rather than burning it. Under HRS 671-18, filing with the panel, or with an approved alternative dispute resolution provider, tolls any applicable statute of limitations, and the tolling continues until sixty days after notice of the panel's termination, or notification that the alternative dispute resolution process is complete, is mailed or delivered to the parties. If the proceedings are not completed within twelve months, the limitations period resumes running and the claimant may commence suit.

HRS 671-16 sets out when litigation may actually begin. A claimant may go to court only after the panel proceedings have been terminated under HRS 671-15, after a party has participated in alternative dispute resolution under HRS 671-16.6, or after the twelve-month period in HRS 671-18 has expired. Under HRS 671-16.6(c), all parties may also agree in writing to send the matter directly to an approved alternative dispute resolution provider without first submitting it to the panel.

Affidavit of Merit and Expert Requirements

Hawaii does require an expert consultation certificate. It attaches to the panel inquiry rather than to the court complaint, which is why it is easy to miss. Under HRS 671-12.5, any inquiry filed with the Medical Inquiry and Conciliation Panel must be accompanied by a certificate declaring that the claimant or the claimant's attorney consulted at least one physician licensed in Hawaii or another state who is knowledgeable or experienced in the same medical specialty as the health care professional named, or in a specialty as closely related as practicable, and concluded on the basis of that consultation that there is a reasonable and meritorious cause for filing the inquiry.

The statute allows two alternative certificates. If a statute of limitations would impair the claim before the consultation can be obtained, the claimant may certify that instead and then file the consultation certificate within ninety days after filing the inquiry. If the claimant or the attorney made a good-faith attempt to obtain the consultation and the physician contacted would not agree to consult, the claimant may certify that. A claimant relying solely on a failure to inform of the consequences of a procedure, meaning an informed-consent claim, is exempt under subsection (b) but must certify that the claim rests on that theory alone.

This is a filing bar, not a formality. HRS 671-12.5(d) provides that unless a certificate is filed under subsection (a) or (b), the panel shall not receive the inquiry for filing. Because the panel inquiry is itself a precondition to suit under HRS 671-12, a missing certificate stops the claim before it ever reaches a courtroom.

At trial, expert testimony is generally required to establish the applicable standard of care and to show how a provider departed from it, because these are matters outside the common knowledge of a jury.

Who Can Be Liable and Comparative Negligence

Physicians, surgeons, dentists, nurses, hospitals, and other licensed providers can be liable for failing to meet the professional standard of care, and hospitals may be responsible for the acts of their employees.

Hawaii follows modified comparative negligence under HRS 663-31. A plaintiff whose negligence is not greater than the negligence of the defendant or defendants may still recover, but any damages are reduced in proportion to the plaintiff's share of fault. A plaintiff who is found more than 50% at fault is barred from recovery.

Wrongful-Death Medical Malpractice

When malpractice causes death, Hawaii's wrongful-death statute, HRS 663-3, allows the deceased's legal representative or statutory survivors, such as a spouse, children, and parents, to bring a claim. The limitations period for a wrongful-death claim is generally two years, typically running from the date of death. The legal representative may also recover certain expenses, such as the reasonable costs of the last illness and burial, on behalf of the estate.

How to Evaluate and Preserve a Potential Claim

If you may have a claim, collect your records and key dates, then have a Hawaii medical malpractice lawyer prepare the panel inquiry before the two-year deadline, starting with a free consultation (attorney advertising). Many malpractice attorneys offer a free initial consultation and work on a contingency-fee basis, meaning fees are typically paid only out of a recovery. No attorney can guarantee a result or a dollar amount, and only a licensed professional reviewing your records can evaluate your individual situation.

Frequently Asked Questions

What is the deadline to sue for medical malpractice in Hawaii?

The general deadline is 2 years from when you discover, or reasonably should have discovered, the injury, under HRS 657-7.3. A 6-year statute of repose sets an absolute outer limit measured from the act or omission, subject to tolling for any period a provider knew of and failed to disclose the act, error, or omission. Filing an inquiry with the Medical Inquiry and Conciliation Panel tolls the limitations period under HRS 671-18. Because the rules are fact-specific, confirm your exact deadline with a licensed Hawaii attorney.

Does Hawaii cap medical malpractice damages?

Yes, in part. Hawaii caps 'pain and suffering' damages at $375,000 under HRS 663-8.7, and the cap is in force and not inflation-adjusted. It applies only to the statutory pain-and-suffering category. Economic damages such as medical bills and lost earnings are not capped.

Do I need an expert affidavit to file a malpractice case in Hawaii?

Yes, though it is filed earlier than in most states. Hawaii does not attach a certificate of merit to the court complaint, but under HRS 671-12.5 the inquiry you file with the Medical Inquiry and Conciliation Panel must be accompanied by a certificate stating that you or your attorney consulted a qualified physician and concluded there is a reasonable and meritorious cause for the inquiry. Under subsection (d) the panel will not receive the inquiry for filing without that certificate, and the panel inquiry is a precondition to suit. Alternative certificates cover a closing limitations deadline, with the consultation certificate due within 90 days, and a failed good-faith attempt to find a consulting physician. Claims resting solely on informed consent are exempt. Expert testimony is still generally required to prove the standard of care at trial.

What is the Medical Inquiry and Conciliation Panel?

It is a state pre-suit panel under HRS 671-12. A person with concerns about a possible medical tort generally must submit a written inquiry to the panel before filing a lawsuit. The panel includes an attorney chairperson and a physician and is designed to encourage early resolution. Under HRS 671-16, you may proceed to court after the panel proceedings are terminated, after alternative dispute resolution under HRS 671-16.6, or after the twelve-month period in HRS 671-18 has expired.

Is there a statute of repose for medical malpractice in Hawaii?

Yes. Under HRS 657-7.3, a medical tort action generally may not be brought more than 6 years after the act or omission, regardless of discovery. The period can be tolled for any time the provider knew of the act, error, or omission and failed to disclose it.

How does comparative fault affect a Hawaii malpractice case?

Hawaii uses modified comparative negligence under HRS 663-31. You can recover if your fault is not greater than the defendant's, and your damages are reduced by your percentage of fault. If you are found more than 50% at fault, you are barred from recovering.

What is the deadline for a wrongful-death malpractice claim in Hawaii?

A wrongful-death claim under HRS 663-3 generally must be brought within 2 years, typically running from the date of death. The exact deadline can depend on the facts, so confirm it with a licensed Hawaii attorney.

How much is a Hawaii medical malpractice case worth?

There is no formula and no one can promise a result. Value depends on the specific facts, the evidence, and the economic losses involved. Hawaii caps pain-and-suffering damages at $375,000 but does not cap economic damages, and every case is different, so outcomes are never guaranteed.