2010 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 19. HEALTH
327G. Advance Mental Health Care Directives
§327G-11 Statutory damages.
[§327G-11] Statutory damages. (a) A supervising health care provider or health care institution that intentionally violates this chapter shall be liable to the principal or the principal's estate for damages of $500 or actual damages resulting from the violation, whichever is greater, and reasonable attorney's fees. The damages payable in this section shall be in addition to any other damages permitted by law.
(b) A person who intentionally alters, conceals, obliterates, or falsifies an individual's advance mental health care directive or a revocation of an advance mental health care directive without the individual's consent, or who coerces or fraudulently induces an individual to give, revoke, or not to give an advance mental health care directive, shall be subject to liability to that individual for damages of $2,500 or actual damages resulting from the action, whichever is greater, and reasonable attorney's fees. [L 2004, c 224, pt of §2]
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