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.

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Matched with a Hawaii attorney in 24 hours
30,000+ plaintiffs served nationwide

Free Hawaii medical malpractice case review

A Hawaii attorney will take a look. Or call 1-833-WELEGAL.

How we match your Hawaii medical malpractice case

When you submit a Hawaii medical malpractice matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A medical malpractice matter needs someone who handles medical malpractice work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Hawaii law, so it goes to an attorney licensed in Hawaii who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a medical malpractice claim in Hawaii

Day 0
It happens.
Get medical care and keep every record — photos, names, the report number. In Hawaii, what you document now is what your claim is built on.
Within 24 hours
Tell us what happened.
Two minutes on this page. A Hawaii medical malpractice attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Weeks 1–4
Your attorney builds the file.
Reports, medical records, witnesses, camera footage, insurance policies. This is the part insurers hope you skip.
Months 1–6
Demand and negotiation.
Your attorney sends a demand and negotiates with the insurer. Most claims resolve here.
Before the 2-year deadline
Suit is filed if it has to be.
Hawaii gives 2 years from the date it happened. Filing keeps your leverage; missing it ends the claim.
Resolution
Settlement or verdict.
You pay nothing along the way. The fee — typically 33% — comes only out of what’s recovered. If nothing is recovered, you owe nothing.

Statute of Limitations: 2 years
2 years from discovery of the injury, but no more than 6 years from the act or omission (HRS § 657-7.3)
Statute of Repose: 6 years
6 years from the act or omission (HRS § 657-7.3); exceptions for minors and fraud
Non-Economic Damages Cap: $375k
$375,000 for pain and suffering (HRS § 663-8.7); applies to all tort cases, including medical malpractice
Pre-Suit Requirements: Mandatory MICP
Mandatory MICP review under HRS § 671-12; claim must be submitted to MICP before suit is filed
Expert Affidavit: No requirement
No statutory affidavit-of-merit requirement, but MICP panel evaluates merit and issues a non-binding opinion
Typical attorney fee: 33%
33%–40% contingency — no fee unless you win

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.

Exhibit B

When to call a medical malpractice attorney in Hawaii

Does any of this sound like you? Tap what applies.

Exhibit C

Medical Malpractice cases we take in Hawaii

Which one is closest to yours?

Surgical errors

Wrong-site, retained foreign objects, anesthesia complications, surgical-site infections at Queen’s, Kaiser, Hawaii Pacific Health, and Castle.

Sound like yours? A Hawaii attorney reviews it free — no fee unless they win.

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Exhibit D

How much do Hawaii medical malpractice attorneys cost?

Sample settlement statement

Hawaii · Medical Malpractice

Recovery$100,000

Attorney fee · 33%− $33,000

Case costs (advanced by firm)repaid at the end

To you$67,000

Due today$0

Try a different recovery$100,000

$5,000$3,000,000

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Most Hawaii medical malpractice attorneys work on contingency: the fee is a share of what they recover, and nothing if they don’t.

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.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your Hawaii medical malpractice compensation can include

A Hawaii medical malpractice recovery is built from several parts. Tap one to see what it covers.

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.

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.

Exhibit F

Hawaii medical malpractice questions, answered

Still unsure? Tell us what happened and a Hawaii attorney will review it for free.

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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.