Medical malpractice in Hawaii
Panel first, then a pain-and-suffering ceiling
Hawaii medical malpractice claims generally must go first to a Medical Inquiry and Conciliation Panel, must be filed within two years of discovery and no later than six years after the care, and face a $375,000 limit on pain-and-suffering damages.
Last reviewed September 22, 2026
- Pain and suffering
- $375,000
- Usual filing window
- 2 years
- Panel
- Required first
Limited statutory exceptions apply
From discovery, and within 6 years of the act
Medical Inquiry and Conciliation Panel
Damage caps
Pain-and-suffering damages are generally limited to $375,000. Economic damages such as medical bills and lost earnings are not limited by that statute. Limited statutory exceptions apply. Counsel should confirm which noneconomic labels fall inside pain and suffering.
Not capped
Economic damages
Medical expenses and lost earnings remain limited by proof. Section 663-8.7 does not cap them.
Pain and suffering
Noneconomic damages
Damages recoverable for pain and suffering are limited to a maximum of $375,000, except for tort actions enumerated in section 663-10.9(2). The statute uses the definition of pain and suffering in section 663-8.5.
Counsel should confirm how related labels, such as loss of consortium, map onto that definition. This page does not treat every noneconomic label as inside the $375,000 ceiling.
Confirm how multiple defendants share the pain-and-suffering maximum on the facts. This page does not split it into a per-defendant figure.
Filing deadlines
Discover and file within two years, and do not exceed six years from the act in most adult cases. Filing with the Medical Inquiry and Conciliation Panel tolls the clock through the panel process. Include the required consultation certificate when filing with the panel.
- General rule
A medical-tort action generally must be brought within two years after discovery of the injury, and in any event not more than six years after the alleged act or omission.
- Concealment
The six-year limit is tolled while the provider fails to disclose a known act, error, or omission on which the action is based.
- Minors
Section 657-7.3 includes special rules for minors, including a longer path for a child under 10. Confirm the age rule on the facts.
- Panel first
A written claim generally must be submitted to the Medical Inquiry and Conciliation Panel before filing in circuit court. The filing typically includes a physician consultation certificate, with statutory exceptions. Filing with the panel tolls limitations through the panel proceedings and for 60 days after termination, subject to the statute's outer tolling limits.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
Pain and suffering has a flat ceiling
The valuation headline is the $375,000 pain-and-suffering limit, with listed exceptions. Other noneconomic labels need a separate look before anyone treats them as inside that figure.
The panel comes before circuit court
The process headline is the Medical Inquiry and Conciliation Panel, the consultation certificate, and a two-year discovery period inside a six-year outer limit.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a Hawaii case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
The pain-and-suffering ceiling and proof of economic loss shape the result.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. Pain-and-suffering damages are generally capped at $375,000 under HRS section 663-8.7, with enumerated tort exceptions in section 663-10.9(2). Economic damages are not capped by that section. The statute targets pain and suffering as defined in section 663-8.5. Counsel should map loss of consortium and similar labels carefully. This page does not treat every noneconomic label as inside the ceiling. A medical tort generally must be brought within two years of discovery and no more than six years after the act under section 657-7.3, with concealment tolling and special rules for minors, including a longer path for a child under 10. Claims generally must go first to the Medical Inquiry and Conciliation Panel under HRS chapter 671. Filing tolls limitations until 60 days after the panel terminates, subject to statutory outer limits, under section 671-18. A certificate of consultation applies under section 671-12.5.
- HRS § 663-8.7 (opens in a new tab)Accessed September 22, 2026
- HRS § 657-7.3 (opens in a new tab)Accessed September 22, 2026
- HRS chapter 671 (opens in a new tab)Accessed September 22, 2026
- HRS § 671-18 (statute mirror) (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a Hawaii attorney about panel filing and the $375,000 pain-and-suffering limit.