Recent Hawaii News
September 2021 Newsletter
Good Samaritan legislation re-introduced in House of Representatives A bipartisan bill to empower medical volunteers to deliver health care during large-scale disasters was re-introduced this month in the House of Representatives. The H.R. 5239, the Good Samaritan...
December 2017 Newsletter
Year-end report sheds light on “Judicial Hellholes” The American Tort Reform Association (ATRA) end-of-year “Judicial Hellholes” report offers a public glimpse at the most unfriendly jurisdictions for those defending themselves against civil litigation, including...
Top cases show physicians had a forceful ally in the courts
One thing physicians from Florida to Hawaii had in common in 2017 was that the Litigation Center of the American Medical Association and State Medical Societies had their backs. The Litigation Center was involved in legal battles that helped prevent an insurance...
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 |