Haw. Rev. Stat. § 657-7.3
Medical Malpractice
Harm caused by a doctor or healthcare provider’s negligent medical care.
Statute of Limitation in Hawaii
The statute of limitations for alleged professional negligence must be brought more than two years after the plaintiff discovers, or should have discovered, the injury, but in any event, not more than six years after the alleged act or omission causing the injury or death.
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Exceptions & Conditions
An exception occurs for actions involving minors; for minors under the age of ten, actions must be commenced within six years or by the minor's tenth birthday, whichever provides a longer period. Additionally, the time limitation can be tolled if the healthcare professional fails to disclose any relevant act or omission, or if there is fraud or collusion by guardians regarding the minor. Contact an attorney.
Example Scenario
If a minor sustains an injury due to a medical act on May 1, 2023, the action must be filed by May 1, 2029.
Understanding Statutes of Limitations in Hawaii
The statute of limitations for medical malpractice in Hawaii acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Hawaii state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for medical malpractice after the 2-years period has expired, the defendant will likely file a motion to dismiss the case. In Hawaii, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Hawaii law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Hawaii serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (2 years in this instance), potential liability is extinguished.
Can this be resolved in Hawaii Small Claims court?