PART I.
GENERAL PROVISIONS
§671-1 Definitions. As used in this
chapter:
"Health care provider" means a
physician, osteopathic physician, surgeon, or physician assistant licensed
under chapter 453; podiatrist licensed under chapter 463E; health care facility
as defined in section 323D-2; midwife licensed under chapter 457J; and the
employees of any of them. Health care provider shall not mean any nursing
institution or nursing service conducted by and for those who rely upon
treatment by spiritual means through prayer alone, or employees of the
institution or service.
"Medical tort" means professional
negligence, the rendering of professional service without informed consent, or
an error or omission in professional practice, by a health care provider, which
proximately causes death, injury, or other damage to a patient. [L 1976, c 219,
pt of §2; am L 1977, c 167, §2; am L 1983, c 223, §1; am L 1984, c 267, §14; am
L 1987, c 283, §64; am L 1992, c 55, §1; am L 2009, c 11, §67 and c 151, §25;
am L 2025, c 28, §13]
Law Journals and Reviews
The Wavering Line Between Medical Malpractice and Ordinary
Negligence in Elder Abuse Litigation. 18 HBJ, no. 13, at 81 (2015).
Keomaka v. Zakaib: The Physician's Affirmative Duty to
Protect Patient Autonomy Through the Process of Informed Consent. 14 UH L.
Rev. 801 (1992).
Holding Hawai`i Nursing Facilities Accountable for the
Inadequate Pain Management of Elderly Residents. 27 UH L. Rev. 233 (2004).
Case Notes
Where certain counts of plaintiff's complaint alleged errors
or omissions in professional practice by a health care provider, thus falling
under the definition of "medical tort" under paragraph (2), court
properly ruled plaintiff could not proceed with those counts of suit without
first submitting them to medical claim conciliation panel as required by
§§671-12 and 671-16. 89 H. 188, 970 P.2d 496 (1998).
Where defendant doctor never properly established at trial
the "therapeutic privilege exception" to the requirement that
informed consent be obtained before starting patient on antipsychotic
medication, trial court erred in refusing to instruct jury concerning the tort
of negligent failure to provide informed consent. 98 H. 470, 50 P.3d 946
(2002).
An alleged "unnecessary, improper and intrusive
examination of a woman's breasts" where the doctor allegedly "fondled
the woman's breasts and squeezed the woman's nipples until they squirted milk
in the doctor's face" is an alleged "medical tort" as defined in
paragraph (2) because it is an alleged "error in professional practice, by
a health care provider". 93 H. 490 (App.), 6 P.3d 362 (2000).
Where defendant was a Hawaii nonprofit organization, which
served as the parent corporation of four affiliated hospitals in Hawaii,
including Kapiolani, a wholly-owned subsidiary of defendant, defendant was a
"health care provider" in the context of this chapter. 121 H. 235
(App.), 216 P.3d 1258 (2009).
Plaintiff's claims of neglect, abuse, and failure to provide
a safe home against care home defendants did not constitute "medical
torts" within the meaning of this section; thus, plaintiff was not
required to submit plaintiff's claims to a medical claim conciliation panel
(MCCP) pursuant to §§671-12 and 671-16 as a condition for plaintiff to file
suit against defendants, and the circuit court erred in dismissing plaintiff's
suit based on plaintiff's failure to submit plaintiff's claims to a MCCP. 128 H.
405 (App.), 289 P.3d 1041 (2012).
Notes of Decisions
Cited in
19
cases, 1985–2020 · leading case:
Troyer v. Adams, 77 P.3d 83 (Haw. 2003).
Troyer v. Adams, 77 P.3d 83 (Haw. 2003).
· cites it 20× “5(h)," because it does not involve co-obligors to a contract, and (2) that even if Act 300, § 6 were deemed controlling, Troyer's claims do not arise out of a contract because (a) Troyer's complaint pleads medical negligence and lack of informed consent, which are "medical…”
Est. of Frey v. Mastroianni., 463 P.3d 1197 (Haw. 2020).
· cites it 6× “Under HRS § 671-1 (1993), a “[m]edical tort” is defined to include “professional negligence, the rendering of professional service without informed consent, or an error or omission in professional practice, by a health care provider, which proximately causes death, injury, or…”
Doe v. City & Cnty. of Honolulu, 6 P.3d 362 (Haw. App. 2000).
· cites it 15× “We have previously noted that HRS § 671-1 defines “medical tort” as, among other things, “an error .”
Barcai v. Betwee, 50 P.3d 946 (Haw. 2002).
· cites it 4× “HRS § 671-1(2) (1993). Claims for negligent failure to obtain informed consent typically arise when a plaintiff patient alleges that the defendant physician failed to warn the patient of a particular risk associated with the procedure and the particular risk ultimately occurred.”
Dubin v. Wakuzawa, 970 P.2d 496 (Haw. 1999).
· cites it 9× “HRS § 671-1 defines the phrase “medical tort” as meaning “professional negligence, the rendering of professional service without informed consent, or an error or omission in professional practice, by a health care provider, which proximately causes death, injury, or other damage…”
Ralston v. Yim. ICA Opinion, filed 05/31/2012., 292 P.3d 1276 (Haw. 2013).
· cites it 2× “Yim argued that he was a "health care provider" within the meaning of HRS § 671-1, and as such, Ralston was required to initially submit the claim against him to the Medical Claims Conciliation Panel, pursuant to HRS § 671-12.”
Yamane v. Pohlson, 137 P.3d 980 (Haw. 2006).
· cites it 4× “HRS § 671-1(1) (1993) defines "health care provider” as "a physician or surgeon licensed under chapter 453, a physician and surgeon licensed under chapter 460, a podiatrist licensed under chapter 463E, a health care facility as defined in section 323D-2, and the employees of any…”
Lee v. Hawaii Pac. Health, 216 P.3d 1258 (Haw. App. 2009).
· cites it 6× “) HRS § 671-1(1) provides the definition of a “health care provider” as follows: (1) “Health care provider” means a physician or surgeon licensed under chapter 453, a physician and surgeon licensed under chapter 460, a podiatrist licensed under chapter 463E, a health care…”
Campos v. Marrhey Care Home, LLC, 289 P.3d 1041 (Haw. App. 2012).
· cites it 14× “*408 DISCUSSION Campos argues that she was not required to submit the claims in her complaint to an MCCP as a condition precedent to her filing suit because her claims are not “medical torts” and Defendants are not “health care providers” as defined by HRS § 671-1 (1993). Campos…”
Carr v. Strode, 904 P.2d 489 (Haw. 1995).
· cites it 2× “Although Bernard , dealt with informed consent in the dental context, and HRS § 671-3(b) arguably does not apply, see HRS § 671-1(1) (defining "health care provider" as “a physician or surgeon licensed under chapter 453, a physician or a physician and surgeon licensed under…”
Garcia v. Kaiser Found. Hospitals, 978 P.2d 863 (Haw. 1999).
· cites it 4× “As used in HRS § 671-12, “medical tort” is defined by HRS § 671-1(2) (1993) as professional negligence, the rendering of professional service without informed consent, or an error or omission in professional practice, by a health care provider, which proximately causes death,…”
Keomaka v. Zakaib, 811 P.2d 478 (Haw. App. 1991).
· cites it 3× “Zakaib failed to inform him that (1) there would be a permanent loss of feeling in Keomaka’s right leg, ankle, and foot; (2) problems may develop in the nerve donor site of his right leg; (3) Keomaka’s right leg could be worse after the surgery; and (4) the burying of the nerve…”
— Haw. Rev. Stat. § 671-1(1) — 7 cases
Carr v. Strode, 904 P.2d 489 (Haw. 1995).
“Although Bernard , dealt with informed consent in the dental context, and HRS § 671-3(b) arguably does not apply, see HRS § 671-1(1) (defining "health care provider" as “a physician or surgeon licensed under chapter 453, a physician or a physician and surgeon licensed under…”
Yamane v. Pohlson, 137 P.3d 980 (Haw. 2006).
“HRS § 671-1(1) (1993) defines "health care provider” as "a physician or surgeon licensed under chapter 453, a physician and surgeon licensed under chapter 460, a podiatrist licensed under chapter 463E, a health care facility as defined in section 323D-2, and the employees of any…”
Lee v. Hawaii Pac. Health, 216 P.3d 1258 (Haw. App. 2009).
“) HRS § 671-1(1) provides the definition of a “health care provider” as follows: (1) “Health care provider” means a physician or surgeon licensed under chapter 453, a physician and surgeon licensed under chapter 460, a podiatrist licensed under chapter 463E, a health care…”
Campos v. Marrhey Care Home, LLC, 289 P.3d 1041 (Haw. App. 2012).
“*408 DISCUSSION Campos argues that she was not required to submit the claims in her complaint to an MCCP as a condition precedent to her filing suit because her claims are not “medical torts” and Defendants are not “health care providers” as defined by HRS § 671-1 (1993). Campos…”
Doe v. City & Cnty. of Honolulu, 6 P.3d 362 (Haw. App. 2000).
“We have previously noted that HRS § 671-1 defines “medical tort” as, among other things, “an error .”
— Haw. Rev. Stat. § 671-1(2) — 10 cases
Troyer v. Adams, 77 P.3d 83 (Haw. 2003).
“5(h)," because it does not involve co-obligors to a contract, and (2) that even if Act 300, § 6 were deemed controlling, Troyer's claims do not arise out of a contract because (a) Troyer's complaint pleads medical negligence and lack of informed consent, which are "medical…”
Barcai v. Betwee, 50 P.3d 946 (Haw. 2002).
“HRS § 671-1(2) (1993). Claims for negligent failure to obtain informed consent typically arise when a plaintiff patient alleges that the defendant physician failed to warn the patient of a particular risk associated with the procedure and the particular risk ultimately occurred.”
Doe v. City & Cnty. of Honolulu, 6 P.3d 362 (Haw. App. 2000).
“We have previously noted that HRS § 671-1 defines “medical tort” as, among other things, “an error .”
Dubin v. Wakuzawa, 970 P.2d 496 (Haw. 1999).
“HRS § 671-1 defines the phrase “medical tort” as meaning “professional negligence, the rendering of professional service without informed consent, or an error or omission in professional practice, by a health care provider, which proximately causes death, injury, or other damage…”
Lee v. Hawaii Pac. Health, 216 P.3d 1258 (Haw. App. 2009).
“) HRS § 671-1(1) provides the definition of a “health care provider” as follows: (1) “Health care provider” means a physician or surgeon licensed under chapter 453, a physician and surgeon licensed under chapter 460, a podiatrist licensed under chapter 463E, a health care…”
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