Hawaii Revised Statutes 671. Medical Torts


  • 671-1 Definitions.
    As used in this chapter: "Health care provider" means a physician, osteopathic physician, surgeon, or physician assistant licensed under chapter 453, a podiatrist licensed...
  • 671-2 Repealed.
    L Sp 1986, c 2, §12.
  • 671-3 Informed Consent.
    (a) The Hawaii medical board may establish standards for health care providers to follow in giving information to a patient, or to a patient's...
  • 671-4 Notice of Damages.
    (a) In any medical tort action, the party against whom the complaint, counterclaim, or cross-claim is made at any time may request a statement...
  • 671-5 Reporting and Reviewing Medical Tort Claims.
    (a) Every self-insured health care provider, and every insurer providing professional liability insurance for a health care provider, shall report to the insurance commissioner...
  • 671-6 Administration of Chapter.
    The director of commerce and consumer affairs shall be responsible for the implementation and administration of this chapter and shall adopt rules, in conformity...



Case Notes

As chapter rationally furthers legitimate state interest of assuring the provision of affordable health care to Hawaii's citizens by requiring participation in medical malpractice dispute resolution such that the high cost of litigation may be avoided, plaintiff not denied equal protection of the laws. 89 H. 188, 970 P.2d 496 (1998).

Section 671-12(a) requires only that a claimant set forth facts upon which the claim is based and include the names of all parties against whom the claim is or may be made who are then known to the claimant; nowhere in 671-12 does it require plaintiffs to name all known negligent health care providers; having filed the requisite medical claim conciliation panel claim, participated in the required hearing, and rejected the panel's finding of no actionable negligence, plaintiffs satisfied this chapter's statutory prerequisites for filing suit in circuit court. 111 H. 74, 137 P.3d 980 (2006).

Where defendant was a Hawaii nonprofit organization, which served as the parent corporation of four affiliated hospitals in Hawaii, including Kapiolani, a wholly-owned subsidiary of defendant, defendant was a "health care provider" in the context of this chapter. 121 H. 235 (App.), 216 P.3d 1258 (2009).

Plaintiff's claims of neglect, abuse, and failure to provide a safe home against care home defendants did not constitute "medical torts" within the meaning of 671-1; thus, plaintiff was not required to submit plaintiff's claims to a medical claim conciliation panel (MCCP) pursuant to 671-12 and 671-16 as a condition for plaintiff to file suit against defendants, and the circuit court erred in dismissing plaintiff's suit based on plaintiff's failure to submit plaintiff's claims to a MCCP. 128 H. 405 (App.), 289 P.3d 1041 (2012).

Last modified: October 27, 2016