2016 Hawaii Revised Statutes
PART I. GENERAL PROVISIONS
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
671. Medical Torts
- 671-1 Definitions.
- 671-2 REPEALED.
- 671-3 Informed consent.
- 671-4 Notice of damages.
- 671-5 Reporting and reviewing medical tort claims.
- 671-6 Administration of chapter.
- 671-7 Professional liability insurance; coverage for telehealth.
- 671-11 Medical inquiry and conciliation panels; composition, selection, compensation.
- 671-11.5 Waiver of filing fee.
- 671-12 Review by panel required; notice; presentation of inquiry; request for a more definite statement of the inquiry.
- 671-12.5 Certificate of consultation.
- 671-13 Medical inquiry and conciliation panel proceedings; voluntary settlement.
- 671-14 Same; persons attending proceedings of panel.
- 671-15 Panel termination.
- 671-15.5 Expungement of records; malpractice insurance rates.
- 671-16 Subsequent litigation; excluded evidence.
- 671-16.5 Arbitration; subsequent litigation.
- 671-16.6 Submission of inquiry to an alternative dispute resolution provider.
- 671-17 Immunity of panel members from liability.
- 671-18 Statute of limitations tolled.
- 671-19 Duty to cooperate; assessment of costs and fees.
- 671-20 Annual report.
As chapter rationally furthers legitimate state interest of assuring the provision of affordable health care to Hawaii's citizens by requiring participation in medical malpractice dispute resolution such that the high cost of litigation may be avoided, plaintiff not denied equal protection of the laws. 89 H. 188, 970 P.2d 496 (1998).
Section 671-12(a) requires only that a claimant set forth facts upon which the claim is based and include the names of all parties against whom the claim is or may be made who are then known to the claimant; nowhere in 671-12 does it require plaintiffs to name all known negligent health care providers; having filed the requisite medical claim conciliation panel claim, participated in the required hearing, and rejected the panel's finding of no actionable negligence, plaintiffs satisfied this chapter's statutory prerequisites for filing suit in circuit court. 111 H. 74, 137 P.3d 980 (2006).
Where defendant was a Hawaii nonprofit organization, which served as the parent corporation of four affiliated hospitals in Hawaii, including Kapiolani, a wholly-owned subsidiary of defendant, defendant was a "health care provider" in the context of this chapter. 121 H. 235 (App.), 216 P.3d 1258 (2009).
Plaintiff's claims of neglect, abuse, and failure to provide a safe home against care home defendants did not constitute "medical torts" within the meaning of 671-1; thus, plaintiff was not required to submit plaintiff's claims to a medical claim conciliation panel (MCCP) pursuant to 671-12 and 671-16 as a condition for plaintiff to file suit against defendants, and the circuit court erred in dismissing plaintiff's suit based on plaintiff's failure to submit plaintiff's claims to a MCCP. 128 H. 405 (App.), 289 P.3d 1041 (2012).
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