Hawaii Medical Claim Conciliation Panel (MCCP, HRS §§ 671-11 et seq.) — mandatory pre-suit process, panel composition, SOL tolling, and the panel decision's admissibility in circuit court

Hawaii mandatory MCCP pre-litigation process: (1) MCCP statutory basis and mandatory nature — HRS § 671-12: no medical tort lawsuit may be filed in Hawaii Circuit Court unless the claim has first been submitted to the Medical Claim Conciliation Panel (MCCP). The MCCP is a mandatory prerequisite, not optional. Claims covered by the MCCP include: medical professional negligence (physician, surgeon, dentist, nurse, hospital, and other licensed healthcare provider malpractice); wrongful death from medical negligence; and product liability in the medical context; (2) MCCP panel composition — HRS § 671-11: each MCCP panel consists of 3 members: (a) an attorney (the panel chairperson — selected from a list maintained by the Hawaii Supreme Court); (b) a licensed healthcare provider who is in the same or similar specialty as the defendant healthcare provider whose conduct is at issue; and (c) a member of the general public. The healthcare provider panelist provides medical expertise; the attorney panelist ensures procedural fairness and legal analysis; (3) MCCP process timeline — HRS § 671-14: the MCCP process proceeds as follows: the claimant files a statement of claim with the MCCP Coordinator (DCCA, Health Division). The panel is constituted and a hearing is scheduled within a reasonable time (Hawaii law requires the MCCP hearing to take place within 12 months of the claim's filing). The hearing is informal (formal rules of evidence do not strictly apply). After the hearing, the panel issues a written decision. If the decision favors the claimant (finding the claim has merit), it creates evidentiary value in any subsequent litigation. If the decision favors the defendant, the claimant may still file a circuit court lawsuit — the panel's adverse ruling does not bar the claim; (4) Panel decision admissibility: an MCCP panel decision in favor of the defendant, when the claimant proceeds to circuit court, is admissible as evidence. The circuit court jury or judge may consider the panel's finding that the claim lacks merit — but this is just one piece of evidence, not dispositive. Defense counsel regularly argues the panel's favorable finding; plaintiffs' attorneys work to explain why the panel was wrong; (5) SOL tolling during MCCP: Hawaii's 2-year medical malpractice SOL (HRS § 657-7.3 — 2 years from date of injury or discovery; with a 6-year statute of repose from date of act or omission) is TOLLED (paused) while the claim is pending before the MCCP. This tolling provision prevents the SOL from expiring while the mandatory MCCP process unfolds. After the MCCP process concludes, the claimant has the remaining SOL period (whatever was left when the MCCP was filed) to file the circuit court lawsuit.

Queen's Medical Center (Level I Trauma, Honolulu), Tripler Army Medical Center (FTCA military malpractice), and Kapiolani Medical Center for Women and Children birth injury context

Hawaii hospital system and malpractice context: (1) Queen's Medical Center — Honolulu (1301 Punchbowl Street, Honolulu, HI 96813): Queen's is the largest hospital in Hawaii — a 505-bed nonprofit academic medical center affiliated with the University of Hawaii John A. Burns School of Medicine. Queen's is the only Level I Trauma Center in the Pacific Basin (including the US Pacific territories). Founded in 1859 by Queen Emma and King Kamehameha IV to address the catastrophic epidemic mortality devastating the Native Hawaiian population. Queen's Medical Center is now a major tertiary care hospital serving the most complex cases in Hawaii — including the most severe trauma cases from O'ahu's highways and military installations. Queen's malpractice exposure is in trauma surgery, emergency medicine, neurological surgery, cardiac surgery, and oncology. As a nonprofit, Queen's is NOT a governmental entity — standard Hawaii MCCP and circuit court procedures apply to claims against Queen's (no FTCA); (2) Tripler Army Medical Center (1 Jarrett White Road, Honolulu; on Red Hill above Honolulu): Tripler is the largest military hospital in the US Pacific region — a federal facility serving active-duty military, military retirees, and their dependents across Hawaii, Guam, Japan, Korea, and other Pacific assignments. Tripler's distinctive pink exterior (a color chosen to blend with the red volcanic soil of Red Hill) and its prominent hilltop location make it one of Honolulu's most recognizable buildings. CRITICAL: Malpractice claims against Tripler and its military medical staff are NOT subject to the Hawaii MCCP requirement — they proceed under the Federal Tort Claims Act (FTCA; 28 U.S.C. §§ 1346(b), 2671-2680), requiring: administrative claim to the US Army; 6-month agency response period; if denied or 6 months elapses, file in US District Court for the District of Hawaii. FTCA claims do NOT go through the MCCP; (3) Kapiolani Medical Center for Women and Children (1319 Punahou Street, Honolulu): Kapiolani is Hawaii's premier women's and children's hospital — the primary high-risk obstetric facility in the state and the largest pediatric hospital in the Pacific. Kapiolani delivers approximately 5,000-6,000 babies per year. Birth injury malpractice at Kapiolani (cerebral palsy from hypoxic-ischemic encephalopathy; brachial plexus injuries; shoulder dystocia complications) involves Hawaii's MCCP process and then circuit court litigation. Kapiolani is part of Hawaii Pacific Health; (4) Kaiser Permanente Moanalua Medical Center (3288 Moanalua Road, Honolulu): Kaiser Permanente operates an integrated health system in Hawaii (Kaiser Foundation Health Plan of Hawaii; Kaiser Foundation Hospitals). Kaiser Permanente's Moanalua Medical Center is a significant hospital for Kaiser members. Kaiser malpractice claims have a unique dimension — Kaiser members must often arbitrate disputes under the Kaiser arbitration agreement before or instead of circuit court litigation; (5) MCCP expert witness context: the MCCP healthcare provider panelist plays a quasi-expert role — but plaintiffs in Hawaii medical malpractice cases must also retain their own expert witnesses (physicians in the same specialty as the defendant) to testify at MCCP hearings and subsequent circuit court trials on the standard of care, breach, causation, and damages.

Hawaii medical malpractice SOL (§ 657-7.3), no statutory noneconomic damages cap, specialist care limitations on Neighbor Islands, and informed consent law

Hawaii medical malpractice legal framework: (1) Hawaii medical malpractice SOL — HRS § 657-7.3: medical tort claims in Hawaii must be filed within 2 years of the date the injury was discovered (discovery rule) or the date the injury occurred, whichever is earlier. Hawaii applies the discovery rule liberally — the SOL runs from when the plaintiff knew or should have known that: (a) they were injured; AND (b) the injury was caused by medical negligence (not just by disease or accident). Additionally, Hawaii imposes a 6-year STATUTE OF REPOSE from the date of the act or omission that caused the injury — regardless of when the injury was discovered. The SOL is tolled for minors: a minor's medical malpractice SOL does not begin until the minor reaches age 18 (with the 6-year repose potentially cutting off claims if the act occurred more than 6 years before the minor turns 18); (2) Hawaii has NO statutory cap on noneconomic damages in medical malpractice: unlike Idaho (§ 6-1603 applies to all personal injury), West Virginia (MPLA $250K/$500K noneconomic cap), and other medical malpractice reform states, Hawaii does NOT impose a statutory cap on noneconomic (pain and suffering, emotional distress, loss of enjoyment of life) damages in medical malpractice cases. This means Hawaii medical malpractice juries can award substantial noneconomic damages in catastrophic cases — and the cases that proceed through the MCCP process to circuit court trial have the potential for significant verdicts; (3) Neighbor Island specialist care limitations and malpractice: the Neighbor Islands (Maui, Big Island, Kaua'i) face significant specialist care shortages. Many complex cases (oncology, cardiothoracic surgery, neurosurgery) must be transferred from Neighbor Island hospitals to Queen's or Straub on O'ahu. Malpractice situations arise when: (a) the Neighbor Island hospital fails to timely recognize the need for transfer; (b) the transfer is delayed by weather (air ambulance operations to O'ahu are suspended in severe weather); or (c) the Neighbor Island physician proceeds with a case beyond their capabilities rather than transferring. These transfer-delay malpractice claims are a distinct Hawaii-specific category; (4) Informed consent doctrine in Hawaii: Hawaii medical providers must obtain informed consent from patients before procedures, consistent with the "reasonable patient" standard (what a reasonable patient would consider material information) rather than the "reasonable physician" standard. Howard v. University of Medicine and Dentistry of New Jersey (an NJSC case applied by Hawaii courts) and Hawaii circuit court decisions have established that the patient-centered reasonable patient standard governs informed consent. Failure to obtain proper informed consent is a separate malpractice theory from general negligence; (5) MCCP and settlement: the MCCP process often facilitates settlement before circuit court litigation — the parties may negotiate during the MCCP process. Hawaii malpractice insurance carriers (HPMC — Hawaii Physician Malpractice Company; affiliated with national carriers) typically evaluate MCCP claims early to assess settlement value. The MCCP's informal hearing environment (no formal rules of evidence; no depositions within the MCCP itself) can be used strategically by both sides to develop their respective case theories.

Medical Malpractice Laws in Hawaii (2026)

Understanding Medical Malpractice in Hawaii: billing-record alignment, decision sequencing, and next steps

A sharper statewide medical malpractice page for Hawaii that clarifies decision sequencing, provider record, and the choices that shape the file first.

Reviewed January 2026 2 min read Official-source grounded Ver en Espanol En Español

Key Takeaways

Hawaii MCCP (§§ 671-11 et seq.): MANDATORY pre-litigation panel before any medical malpractice circuit court lawsuit. Panel composition: 3 members (1 attorney-chairperson from Hawaii Supreme Court list + 1 licensed healthcare provider in same/similar specialty as defendant + 1 member of general public). Hearing timeline: within 12 months of claim filing with MCCP Coordinator (DCCA Health Division). Evidence: informal (formal evidentiary rules don't strictly apply). Panel decision: (1) Favorable to claimant = evidentiary value in circuit court litigation showing claim merit; (2) Adverse to claimant = ADMISSIBLE IN CIRCUIT COURT as evidence for defense (but NOT dispositive — claimant can still proceed with lawsuit). SOL TOLLING: Hawaii's 2-year medical malpractice SOL (§ 657-7.3) is PAUSED while MCCP is pending. SOL: 2 years from date of injury discovery (discovery rule: when plaintiff knew/should have known of injury AND that it was caused by negligence). 6-year STATUTE OF REPOSE from act/omission date regardless of discovery. Minors: SOL tolled until age 18 (6-year repose may still limit late-discovered childhood malpractice).
Queen's Medical Center (1301 Punchbowl St, Honolulu; 505 beds): largest HI hospital; ONLY Level I Trauma Center in Pacific Basin; founded 1859 by Queen Emma + King Kamehameha IV (originally to treat Native Hawaiian epidemic mortality); UH John A. Burns School of Medicine affiliation; nonprofit (NOT governmental → standard MCCP + circuit court applies). Tripler Army Medical Center (1 Jarrett White Road; Red Hill above Honolulu; distinctive pink building): largest US military hospital in Pacific; serves active-duty military/retirees/dependents in Hawaii + Pacific theater. CRITICAL: Tripler malpractice = NOT MCCP → FTCA claims ONLY (28 U.S.C. §§ 1346(b)/2671-2680); file administrative claim with US Army; 6-month response; then US District Court for District of Hawaii. Kapiolani Medical Center for Women and Children (1319 Punahou St, Honolulu; Hawaii Pacific Health): primary high-risk OB facility in HI; ~5,000-6,000 deliveries/year; birth injury malpractice (HIE cerebral palsy; brachial plexus/shoulder dystocia) → MCCP then circuit court. Kaiser Permanente Moanalua Medical Center (3288 Moanalua Rd): Kaiser member malpractice may require ARBITRATION under Kaiser arbitration agreement before/instead of circuit court.
Hawaii NO statutory noneconomic damages cap in medical malpractice (unlike ID § 6-1603 ALL PI cap; WV MPLA $250K/$500K caps) → jury can award substantial noneconomic damages. Neighbor Island malpractice: specialist care shortages (oncology/cardiothoracic/neurosurgery transferred to Queen's/Straub O'ahu); transfer-delay malpractice claims when (1) failure to timely recognize transfer need; (2) weather grounds air ambulance to O'ahu (weather suspension); (3) Neighbor Island physician proceeds beyond capabilities. Informed consent: "reasonable patient" standard (patient-centered; what material info would reasonable patient want to know) NOT "reasonable physician" standard. MCCP settlement facilitation: carriers assess early; MCCP informal hearing used strategically to develop case theories; settlement common during MCCP before circuit court litigation.

Key Numbers — Hawaii All 50 states →

Filing Deadline 2 years

Fault Rule Pure Comparative

Insurance System No-Fault

Key Statute Haw. Rev. Stat. § 657-7

Compare with another state → Official source ↗

Hawaii medical malpractice law is defined by a procedural gateway found in no other US state: the Medical Claim Conciliation Panel (MCCP), created by HRS §§ 671-11 et seq., through which every medical malpractice claim must pass before a lawsuit may be filed in Hawaii Circuit Court. The MCCP (administered by the Health Division of the Hawaii Department of Commerce and Consumer Affairs/DCCA) consists of a three-member panel — one attorney (the chair), one licensed healthcare provider in the same or similar specialty as the defendant, and one member of the public — who review the claim, receive evidence, and issue a decision on whether the claim has merit. The MCCP process does not bind the parties: if the panel finds for the defendant, the claimant may still file a lawsuit in circuit court, but the panel's adverse decision is admissible as evidence in the subsequent litigation. The MCCP tolls the statute of limitations while the panel process is pending — Hawaii's 2-year malpractice SOL does not run during the MCCP period.

Hawaii's hospital landscape is anchored by two institutions with distinctive histories. The Queen's Medical Center (1301 Punchbowl Street, Honolulu; 505 beds; Level I Trauma Center) was founded in 1859 by Queen Emma Kaleleonalani and King Kamehameha IV — making it the oldest hospital in Hawaii, originally built to address the catastrophic mortality from introduced Western diseases that was decimating the Native Hawaiian population (from approximately 400,000 at the time of Captain Cook's arrival in 1778, the Hawaiian population had fallen to approximately 60,000 by the time Queen's was founded). Tripler Army Medical Center (TAMC; 1 Jarrett White Road, Honolulu; the distinctive pink building on Red Hill above Honolulu) is the largest US Army hospital in the Pacific and the primary tertiary medical facility for active-duty military and their dependents in Hawaii. Medical malpractice claims against Tripler are governed by the Federal Tort Claims Act — they require administrative claims to the Army, not MCCP proceedings.

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