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 can be tolled when a provider knew of and failed to disclose the malpractice, and a similar exception applies to a foreign object that was not disclosed. In those situations 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. 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.

Affidavit of Merit and Expert Requirements

Hawaii does not impose a separate certificate-of-merit or expert-affidavit filing requirement with the complaint the way some states do. The pre-suit panel review under Chapter 671 serves a comparable screening function. 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 believe you may have a claim, collect your medical records, write down the key dates, and consult a licensed Hawaii attorney promptly, because both the limitations period and the pre-suit panel step take time. 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.