Health Justice Transformation - Hawaii
The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.
Caps on Non-Economic (Pain and Suffering) Damages
Yes, $350,000 cap on non-economic damages with only a few exceptions.
Joint Liability for Multiple Defendants
Yes. Defendants are responsible only for their proportional share of negligence with the following exceptions: recovery of economic damages involving injury or death; and non-economic damages where negligence is 25% or more; and for cases involving intentional torts, strict liability or product liability actions.
Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit
No
Provisions for the Periodic Payment of Damages Over Time Fees
No
Limitation of Plaintiff’s Attorneys Fees
Fees are limited in all tort actions to reasonable amount as approved by the court.
Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures
Prior to the commencement of a medical tort action in court, a plaintiff must submit the claim to a medical claim conciliation panel which shall file an advisory opinion with regard to liability and damages. The panel's decision is nonbinding and is not admissible in court.
Standards for Expert Testimony/Witness
Expert testimony is required to establish prima facia case of medical malpractice, except where the judge can infer negligence from the facts. To qualify as an expert, the witness must have professional knowledge, learning and skill of the subject under inquiry sufficient to qualify the witness to speak with authority on the subject, and must be familiar with the standards required of physicians under similar circumstances.
