Hawaii Medical Malpractice Attorneys

At DearLegal, we connect you with experienced Hawaii medical malpractice attorneys who know the Medical Inquiry and Conciliation Panel (MICP) process, the HRS chapter 671 framework, and how to litigate against Queen’s Health, Kaiser Permanente Hawaii, Hawaii Pacific Health, Kuakini, and Adventist Health Castle defense teams. Whether your injury happened in Honolulu, Hilo, Kahului, or Lihue, we’ll match you with the right attorney — at no cost to get started.

Under HRS chapter 671, malpractice occurs when a provider fails to exercise the degree of care and skill expected of a reasonable provider in the same field, and that failure causes injury. Expert testimony establishes standard of care.

HRS § 663-8.7 caps non-economic damages (pain, suffering, loss of enjoyment) at $375,000 across all tort cases. Economic damages are uncapped. The cap was upheld by the Hawaii Supreme Court in Tabieros v. Clark Equipment.

Physicians, nurses, dentists, hospitals (Queen’s Medical Center, Kaiser Permanente Hawaii, Hawaii Pacific Health, Kuakini, Adventist Health Castle, Wilcox, Hilo Medical Center), surgery centers, and LTC. Federal facilities (Tripler Army Medical Center, VA Pacific Islands) are FTCA-governed.

The 2-year SOL runs from when the injury was or should have been discovered (HRS § 657-7.3). The 6-year statute of repose is an absolute outside limit, subject to exceptions for foreign objects, fraud, and minors.

Under HRS § 671-12, every medical malpractice claim must first be submitted to the MICP. The panel reviews records, takes evidence, and issues a non-binding opinion on liability. The process tolls the SOL while pending and is typically a precondition to filing suit.

Tripler Army Medical Center, Naval Health Clinic Hawaii, VA Pacific Islands, and IHS-administered care are FTCA-governed. A separate administrative claim must be filed with the agency within 2 years before any lawsuit.

Experts must often be flown from the mainland for deposition and trial. Inter-island record-gathering, MICP costs, and case-management expenses typically push advanced case costs to $75,000–$250,000 in serious cases.

Why Do You Need a Medical Malpractice Attorney in Hawaii?

Hawaii requires every medical malpractice claim against a healthcare provider to be submitted first to the Medical Inquiry and Conciliation Panel (MICP) under HRS § 671-12 before suit is filed — a unique pre-suit screening process. Hawaii’s non-economic damages cap of $375,000 under HRS § 663-8.7 applies to pain and suffering. The 2-year SOL (HRS § 657-7.3) runs from discovery, with a 6-year statute of repose. Hawaii has only one major Level 1 trauma center (Queen’s Medical Center, Honolulu), and most neighbor-island patients are transported to Oahu — creating multi-defendant cases when transport delays cause harm.

When Do You Need a Medical Malpractice Attorney in Hawaii?

Our network includes Hawaii medical malpractice attorneys who handle every kind of case, including:

Types of Medical Malpractice Cases in Hawaii

From the moment you connect with a Hawaii medical malpractice attorney, they go to work protecting your claim. The most common case types we handle:

Filing suit before completing the MICP process under HRS § 671-12 — courts dismiss premature filings

Missing the 2-year FTCA administrative deadline for Tripler, VA Pacific Islands, or IHS-administered care

Signing an arbitration agreement at hospital intake without realizing it waives jury trial

Talking to hospital risk-management or quality-assurance staff without counsel

Requesting records informally instead of through a HIPAA-compliant authorization preserving chain-of-custody

Treating the MICP panel opinion as a formality rather than a strategic inflection point

Filing suit before completing the MICP process under HRS § 671-12 — courts dismiss premature filings

Missing the 2-year FTCA administrative deadline for Tripler, VA Pacific Islands, or IHS-administered care

Signing an arbitration agreement at hospital intake without realizing it waives jury trial

Talking to hospital risk-management or quality-assurance staff without counsel

Requesting records informally instead of through a HIPAA-compliant authorization preserving chain-of-custody

Treating the MICP panel opinion as a formality rather than a strategic inflection point

Common Hawaii Medical Malpractice Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Hawaii Medical Malpractice Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Hawaii does not statutorily cap medical malpractice contingency fees. Typical fees range from 33% pre-suit to 40% at trial. MICP costs, mainland-expert travel, and inter-island record gathering push case-cost advances to $75,000–$250,000 in serious cases.

What Can Your Hawaii Medical Malpractice Compensation Include?

Economic Damages (No Cap)

Medical bills, future medical care, lost wages, lost earning capacity, life-care plan costs, and rehabilitation. Hawaii does not cap economic damages.

Non-Economic Damages (Capped at $375,000)

Pain, suffering, loss of enjoyment of life, mental anguish: capped at $375,000 under HRS § 663-8.7.

Punitive Damages

Available for willful, wanton, or reckless conduct. No statutory cap, but constitutional due-process limits apply.

Loss of Consortium

Spouse may recover for loss of companionship, services, and intimacy. Subject to the $375,000 non-economic cap.

Wrongful Death

HRS § 663-3 wrongful death allows recovery for loss of love and affection, financial support, and services. Non-economic component subject to the $375,000 cap.

Collateral Source Rule

Hawaii follows the traditional collateral source rule — payments from collateral sources (insurance, employer benefits) generally cannot be introduced to reduce damages.

!!!

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Hawaii Medical Malpractice Attorneys

Why Do You Need a Medical Malpractice Attorney in Hawaii?

When Do You Need a Medical Malpractice Attorney in Hawaii?

Types of Medical Malpractice Cases in Hawaii

Common Hawaii Medical Malpractice Mistakes

How Much Do Hawaii Medical Malpractice Attorneys Cost?

What Can Your Hawaii Medical Malpractice Compensation Include?

Ready when you are.

Your help is just

a minute away.

Start your case

in minutes.