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★ Hawaii · medical negligence

Medical negligence settlements
in Hawaii.

By 9 min read

Hawaii does not treat loss of chance as a separate injury, but in 2020 the Supreme Court held a jury may consider it when deciding whether a doctor caused a patient’s death. In 2026 the appeals court let a family pursue Pali Momi Medical Center for an independent doctor’s care of a 31 year old who died after being sent home.

Facts that decide a medical negligence claim in Hawaii

Loss of chanceA “loss of chance” is not a separate compensable injury, but a factfinder may consider it in deciding legal causation in a patient death case.Estate of Frey v. Mastroianni (Haw. 2020)
Apparent authorityA hospital can be vicariously liable for an independent contractor doctor under apparent authority.Cabral v. Pali Momi Medical Center (Haw. App. 2026)
Panel before suitWhen Frey’s family sued, the statute required a written claim to the medical claim conciliation panel “before a suit based on the claim may be commenced in any court.”Haw. Rev. Stat. § 671-12(a) (1993), quoted in Frey (Haw. 2020)
★ band · US federal frame
$30,000 to statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

The US band is the starting point. Hawaii's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your medical negligence claim in Hawaii. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case
★ HI · reported medical negligence outcomes

What Hawaii courts have awarded.

Real Hawaii decisions and verdicts, each linked to the court record or official report.

  • Estate of Frey v. Mastroianni
    Hawaii Supreme Court · 2020
    New trial ordered

    Visiting Maui in June 2004, Robert Frey drank juice that unknown to him contained a large dose of GHB, fell and was found unconscious. His family alleged Dr. Mastroianni discharged him with a bronchitis diagnosis despite a 102 degree fever and an x-ray showing developing pneumonia; he returned struggling to breathe and died on June 15. The trial court granted judgment for the doctor midtrial; the Supreme Court found ample evidence for the estate and ordered a new trial.

  • Cabral v. Pali Momi Medical Center
    Hawaii Intermediate Court of Appeals · 2026
    Judgment vacated in part

    In November 2019, 31 year old Junior Cabral went to Pali Momi’s emergency room with chest pain and shortness of breath. He was admitted, released the next day with instructions to follow up, and died on November 10. Before trial the court ruled the hospital could not be vicariously liable for the doctor. The appeals court vacated that ruling on apparent authority.

★ HI · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Hawaii.

  1. 1

    Check the current panel rules before filing suit, and describe the claim fully in the panel filing.

  2. 2

    Ask whether the ER doctor was a hospital employee; apparent authority may reach the hospital anyway.

  3. 3

    Expert testimony on causation must be to a reasonable degree of medical probability.

★ HI · statute of limitations
2 years from date of injury

Haw. Rev. Stat. § 657-7

★ HI · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ HI · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in Hawaii.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Hawaii's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Hawaii · you are hereModified comparative, 51% bar2 years from date of injury—
IdahoModified comparative, 50% bar2 years from date of injuryID · medical negligence →
MontanaModified comparative, 51% bar3 years from date of injuryMT · medical negligence →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · medical negligence →
OregonModified comparative, 51% bar2 years from date of injuryOR · medical negligence →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · medical negligence →
WashingtonPure comparative negligence3 years from date of injuryWA · medical negligence →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · medical negligence →
IndianaModified comparative, 51% bar2 years from date of injuryIN · medical negligence →
IowaModified comparative, 51% bar2 years from date of injuryIA · medical negligence →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · medical negligence →
KansasModified comparative, 50% bar2 years from date of injuryKS · medical negligence →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · medical negligence →
★ HI · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of HI
Hawaii overview

Fault rule, statute, caps, and key facts for Hawaii as a whole.

★ federal frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Hawaii's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Hawaii. See /methodology, /sources, and /disclaimer.