Hawaii — Medical Malpractice SOL
2 years
Governing statute: §657-7.3
The rule at a glance
- Baseline
- 2-year statute of limitations from the act or injury.
- Discovery rule
- recognized, max 6yr.
- Statute of repose
- 6-year repose from the act. Hard cap regardless of discovery.
- Minor tolling
- until 18 (some carve-outs)
- Government-entity notice of claim
- No government-notice deadline separate from the SOL.
- Statutory reference
- §657-7.3
Common pitfalls in Hawaii
Missing the SOL is the #1 malpractice claim against plaintiff attorneys. The most common Hawaii pitfalls:
- Assuming the discovery rule extends the deadline when this state's rule is "recognized, max 6yr" — verify the current statute.
- Missing the separate notice-of-claim deadline for government-entity defendants (VA hospitals, county facilities, state universities).
- Miscalculating minor tolling — the rule ("until 18 (some carve-outs)") has carve-outs specific to med-mal.
- Ignoring the statute of repose cap where one exists (6yr).
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