Hawaii Medical Malpractice Insurance

Having trained through years of medical school to make the right decisions for your patients, it stands to reason that selecting your Medical Malpractice Insurance in Hawaii should be important to you, as well. MyMedicalMalpracticeInsurance.com has specialists in Hawaii ready to help you meet your liability insurance protection goals. With access to the leading medical malpractice insurance companies in Hawaii, we can ensure that they’re competing for your business. After sharing our expert advice with thousands of physicians and medical professionals, we’re ready to help you choose the right coverage to satisfy your medical malpractice insurance needs.

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Why Hawaii doctors choose MyMedicalMalpracticeInsurance.com:

  • You don’t have to seek quotes from the leading Medical Malpractice Insurance companies in Hawaii – we’ll do it for you.

  • We’ll also see to it that you’re afforded all the available physician discounts, such as Risk Management, Claims-free and New to Practice.

  • You won’t have to purchase separate tail coverage, as we’ll make certain that Prior Acts Coverage is included.

  • Our experienced liability specialists will tailor your policy to fit your specific needs.

  • You’ll have access to our free Practice Tools: Online Patient Satisfaction Survey System, Certified Professional Healthcare Risk Manager (CPHRM) on staff, plus several other tools to help you take your practice to the next level.

  • Working with the Medical Liability Monitor -- the leading national independent source of Medical Liability Insurance news as well as the legal, political and risk management issues that affect the healthcare industry –we publish historic rate data for every county in Hawaii. This information offers insight into the Aloha State’s data trends, helping you to make informed decisions on your medical malpractice insurance coverage and carrier. That’s just one reason among many why MyMedicalMalpracticeInsurance.com is the preferred online site for Hawaii physicians wanting to find the best liability coverage and lower their med-mal insurance rates.

  • The cost of Hawaii Medical Malpractice Insurance for doctors can be substantially lower. Click and request your free quote today

Medical Malpractice Insurance in Hawaii - What you need to know

Medical malpractice insurance premiums in Hawaii are moderate. Yet the Aloha State has been battling for at least two decades a growing shortage of primary-care doctors, cardiologists and other specialists, inspiring many in the state legislature and medical community to push for malpractice tort reform and other actions to attract more doctors.

According to the Hawaii Medical Association, the reason behind the state’s access to care crisis is the difficult financial health of many of its private medical practices. A rising cost of doing business, shrinking reimbursement rates and expensive medical malpractice insurance premiums have forced many doctors to retire early or move their practice to the mainland. This situation is even worse in Hawaii’s rural areas and the less-populated neighbor islands.

Hawaii’s access to care issues were first addressed by the state assembly in 1995, when lawmakers implemented a number of medical malpractice lawsuit reforms intended to shrink claims frequency and add predictability to jury verdicts and settlements.

Long considered the holy grail of tort reforms, Hawaii did enact a cap on certain damages. Specifically, lawmakers passed a $375,000 cap on physical pain-and-suffering damages, but the Hawaii Medical Association has tried unsuccessfully since to widen the pain-and-suffering cap to apply to all non-economic damages. Currently, non-economic damages that are not physical in nature (e.g., emotional distress) have no limit.

In 1995, the Hawaii General Assembly codifies the statute of limitations in medical liability lawsuits for injury or death at two years from the time the patient discovers—or reasonably should have discovered—the injury. The statute of limitations maxes out at six years after the date of the act or omission causing the injury or death. There is an exception for medical malpractice lawsuits on behalf of minors. These must be commenced within six years from the date of the wrongful act, unless the child is under the age of ten, in which case the action need only be commenced within six years from the date of injury or by the child's tenth birthday, whichever is later. The statute also allows the time limitation to be tolled during any period when the child's injury could not have been discovered through the use of reasonable diligence.

Hawaii also modified its doctrine of joint-and-several liability in 1995. A physician’s liability for economic loss due to personal injury and/or death is joint and several. Liability for non-economic damages is also considered joint and several if the defendant is ruled 25-percent-or-more negligent. That leaves as several only the liability of minor defendants for non-economic damages.

In 1995, Hawaii adopted the doctrine of modified comparative negligence, under which a plaintiff’s action is barred if his or her negligence exceeds the combined negligence of all other defendants. Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence.

Perhaps the most progressive idea that came out of the 1995 legislative session regarding medical malpractice lawsuits was the establishment of medical claims conciliation panels which review potential cases and issue advisory opinions on liability and damages. Review by the review panel is a prerequisite to filing a claim, and the panel will determine whether the defendant—or defendants—was negligent and determine the amount of economic, non-economic and punitive damages. The panel’s findings are nonbinding and both parties have the option of rejecting its recommendation in favor taking the claim to court. The law also allows for a judge to require a medical malpractice action be arbitrated in lieu of the panel hearing.

This write-up of Hawaii was put together by Michael Matray, the Editor of the Medical Liability Monitor

Resources for Doctors practicing in Hawaii

Hawaii Medical Association
Hawaii Department of Insurance
Professional and Vocational Licensing
Hawaii Association of Osteopathic Physicians and Surgeons
Med Quest
Hawai'i Health Information Exchange

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All Medical Liability Monitor rate data is protected under United States Copyright Law. The rate data may not be reproduced in whole or part without permission. Contact the editor at Medical Liability Monitor for more information.

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