Most people trust that when something goes wrong at the hospital, the system will give them time to fix it. The reality? Hawaii’s statute of limitations on medical malpractice often leaves injured patients blindsided. You’re left dealing with the physical and emotional fallout while the legal clock quietly counts down; sometimes before you even know you were a victim.
By the time many realize they have a case, they’ve run out of time. Don’t let this happen to you or someone you care about. In this article, you’ll learn exactly how Hawaii’s laws work and how to act before it’s too late.
What is the Statute of Limitations on Medical Malpractice in Hawaii?
Hawaii medical malpractice law sets strict deadlines for starting a case. You usually have two years from the date you discovered, or should have discovered, the injury caused by malpractice.
Even more serious is that Hawaii enforces an absolute cut-off at six years, no matter when you learned of the injury. This is called a statute of repose. For example, if you discover a surgical error seven years later, you are likely out of time.
Hawaii malpractice lawsuit time limit rules apply to nearly all cases, but minors and mentally incapacitated patients may get extensions.
Some situations where different deadlines may apply include:
- Patients under the age of 18 at the time of injury
- Victims who were mentally incapacitated when harmed
- Injuries discovered after fraudulent concealment by a healthcare provider
Hawaii’s Pre-Litigation Requirements
Before filing medical malpractice claims in court, Hawaii requires an extra step. You must submit your claim to the Medical Inquiry and Conciliation Panel (MICP) for review. This panel typically includes a lawyer and a healthcare professional who will review the situation.
Another legal requirement is the Certificate of Consultation. This certificate shows that a licensed doctor has reviewed the case and confirmed that it may involve malpractice. While this process sometimes slows down cases slightly, it does not stop the medical malpractice claim deadlines from running.
Exceptions and Limitations on Hawaii Malpractice Claims
Like many states, Hawaii’s laws have exceptions and limits that affect claims. Some work in your favor.
For minors, the clock usually starts when they turn 18, extending the filing window a bit. On the other hand, cases involving fraud or concealment may extend deadlines if proven.
Yet, there are also limits on the amount you can recover. Hawaii caps non-economic damages, like pain and suffering, at $375,000 under Hawaii medical malpractice law. Comparative negligence, while less common in medical cases, could reduce or block compensation if the patient contributed to the injury.
Don’t Wait to Protect Your Rights
The statute of limitations on medical malpractice in Hawaii is strict and missing it can cost you the chance to hold the responsible party accountable. Between the deadlines, pre-lawsuit panels, and procedural rules, these cases require precision and urgency.
At Cummings Law, you’ll work directly with Brian Cummings, a Hawaii-based attorney with over 25 years of experience and more than $47 million recovered for clients in recent years. We give every client personal attention, handle everything from investigations to negotiations, and charge no attorney fees unless we win.
Contact us now to schedule a free case evaluation with an experienced Honolulu-based attorney.
