Legal Calculators

Hawaii Medical Malpractice Damage Cap

Track statutory limits on noneconomic damages and calculate your potential recoverable amount.

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Legal Nuances & Exceptions

Applicability

All Medical Malpractice Cases

Statutory Reference

Haw. Rev. Stat. § 663-8.7

Exceptions to Cap

  • Intentional torts
  • Gross negligence

Hawaii caps noneconomic damages at $375,000 for pain and suffering. The cap does not apply to intentional torts or cases involving gross negligence.

Frequently Asked Questions

What is the medical malpractice noneconomic damage cap in Hawaii?

Under Haw. Rev. Stat. § 663-8.7, noneconomic damages (such as pain and suffering) are capped at $375,000.

Are there any exceptions to the $375,000 cap in Hawaii?

Yes. The cap does not apply if the healthcare provider's actions constituted an intentional tort or gross negligence.

Are economic damages capped in Hawaii?

No. Damages for medical expenses, lost wages, and other financial losses have no statutory limit.

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