Part I. General Provisions
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
Part II. Medical Inquiry and Conciliation
671-11 Medical inquiry and conciliation panels; composition,
671-11.5 Waiver of filing fee
671-12 Review by panel required; notice; presentation of
inquiry; request for a more definite statement of
671-12.5 Certificate of consultation
671-13 Medical inquiry and conciliation panel proceedings;
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
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
Part III. Patients' Compensation Fund--Repealed
671-31 to 37 Repealed
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).
Law Journals and Reviews
The Wavering Line Between Medical Malpractice and Ordinary Negligence in Elder Abuse Litigation. 18 HBJ, no. 13, at 81 (2015).