FB Hawaii Statute of Limitations for Birth Injuries, Medical Malpractice

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Hawaii

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SOL for Medical Malpractice Claims (Minor Plaintiffs): 10 years

SOL for Medical Malpractice Claims (Parental Claims): 2 years

SOL for Wrongful Death Claims: 2 years

Hawaii Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

10 years: Hawaii Rev. Stat. § 657-7.3: Actions by a minor shall be commenced within six years from the date of the alleged wrongful act except the actions by a minor under the age of ten years shall be commenced within six years or by the minor’s tenth birthday, whichever provides a longer period. Limitation shall be tolled for any minor for any period during which the parent, guardian, insurer, or health care provider has committed fraud or gross negligence, or has been a party to a collusion in the failure to bring action on behalf of the injured minor for a medical tort.

Hawaii Statute of Limitations for Medical Malpractice Claims (Parental Claims)

2 years: Hawaii Rev. Stat. § 657-7.3: two years after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, but in any event not more than six years after the date of the alleged act or omission causing the injury or death.

Hawaii Medical Malpractice Claim Caps

Hawaii Rev. Stat. § 663-8.7: Noneconomic damages recoverable for pain and suffering shall be limited to a maximum award of $375,000.

Hawaii Statute of Limitations for Wrongful Death Claims

2 years: Hawaii Rev. Stat. § 657-7.3: No action for injury or death against a chiropractor, clinical laboratory technologist or technician, dentist, naturopathic physician, nurse, nursing home administrator, dispensing optician, optometrist, osteopath, physician or surgeon, physical therapist, podiatrist, psychologist, or veterinarian duly licensed or registered under the laws of the State, or a licensed hospital as the employer of any such person, based upon such person’s alleged professional negligence, or for rendering professional services without consent, or for error or omission in such person’s practice, shall be brought more than two years after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, but in any event not more than six years after the date of the alleged act or omission causing the injury or death.

Hawaii Wrongful Death Claim Caps

Not applicable for the state of Hawaii.


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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