Recent Hawaii News
April 2023 Newsletter
Patient protection: Good Samaritan legislation introduced in Congress The Good Samaritan Health Professionals Act of 2023 was re-introduced in the House of Representatives this month, to close the gap in available medical coverage during federally declared disasters...
Malpractice Risks for Docs Who Oversee NPs or PAs
Court cases show that physicians continually underestimate their liability in supervising nurse practitioners (NPs) and physician assistants (PAs). Even in states that have abolished requirements that NPs be physician-supervised, physicians may still be liable...
Health care workers granted immunity from civil liability
SOURCE: Hawaii Tribune With little fanfare, Gov. David Ige on Sept. 1 signed an executive order that releases Hawaii’s health care workers and facilities from civil liability during the COVID-19 crisis. Under the order, health care facilities, professionals and...
Current Medical Liability Laws
| Damage Caps | $375,000 cap on non- economic damages, with exceptions for certain types of damages, ie. mental anguish. (1986) |
| Joint Liability Reform | Yes. Defendants are responsible only for their proportionate share of negligence, with the following exceptions: recovery of economic damages in actions involving injury or death, and noneconomic damages in such actions, where a tortfeasor’s negligence is 25% or more; intentional torts; strict liability torts; and product liability torts. |
| Collateral Source Reform | Provides for the recovery of “reasonable value” of medical expenses. |
| Attorney Fees Limited | In all tort actions, fees shall be limited to a reasonable amount as approved by the court. |
| Periodic Payments Permitted | No |