Medical Malpractice Statute of Limitations in Hawaii
Last verified 2026-07 · Source: Haw. Rev. Stat. § 657-7.3 ✓ verified · 3 sources
The deadline
2 years
from the date the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, under Haw. Rev. Stat. § 657-7.3.
Advertisement
The deadline to file a medical malpractice claim in Hawaii is 2 years, set by Haw. Rev. Stat. § 657-7.3. It starts running on the date the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Hawaii Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | Haw. Rev. Stat. § 657-7.3 |
| Car Accident | 2 yrs | Haw. Rev. Stat. § 431:10C-315(b) |
| Credit Card Debt | 6 yrs | Haw. Rev. Stat. § 657-1 |
| Wrongful Death | 2 yrs | HRS § 663-3 |
| Personal Injury | 2 yrs | Haw. Rev. Stat. § 657-7 |
| Dog Bite | 2 yrs | H.R.S. § 663-9 (strict liability); SOL: H.R.S. § 657-7 |
| Slip and Fall | 2 yrs | Haw. Rev. Stat. § 657-7 |
| Defamation | 2 yrs | Haw. Rev. Stat. § 657-4 |
| Breach of Contract | 6 yrs | Haw. Rev. Stat. § 657-1(1) |
| Medical Debt | 6 yrs | Haw. Rev. Stat. § 657-1 |
When the Clock Starts
In Hawaii, the limitations period for medical malpractice claims generally begins on the date the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury. Hawaii recognizes a discovery rule for this claim type: The 2-year clock runs from discovery of the injury, but an absolute 6-year statute of repose bars any medical-tort action more than six years after the negligent act or omission.
Advertisement
Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Suits against a county/public hospital require written notice of injury within 6 months under Haw. Rev. Stat. § 46-72; State Tort Liability Act claims run under Haw. Rev. Stat. § 662-4 (2-year).
- Damage caps: $375,000 cap on noneconomic (pain and suffering) damages under Haw. Rev. Stat. § 663-8.7.
Before filing, a claimant must submit the dispute to the Medical Inquiry and Conciliation Panel (MICP) under Haw. Rev. Stat. ch. 671, including a certificate of consultation with a qualified physician attesting the claim has merit.
Source: Haw. Rev. Stat. § 657-7.3, official Hawaii statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Hawaii government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Hawaii Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Hawaii | 2 years | Haw. Rev. Stat. § 657-7.3 |
| California | 3 yrs | Cal. Code Civ. Proc. § 340.5 |
| Washington | 3 yrs | RCW 4.16.350 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Hawaii?
You have 2 years from the date the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, under Haw. Rev. Stat. § 657-7.3.
Can I still sue after 2 years in Hawaii?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Hawaii?
Yes. The 2-year clock runs from discovery of the injury, but an absolute 6-year statute of repose bars any medical-tort action more than six years after the negligent act or omission.
What if the victim was a minor?
Hawaii generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Suits against a county/public hospital require written notice of injury within 6 months under Haw. Rev. Stat. § 46-72; State Tort Liability Act claims run under Haw. Rev. Stat. § 662-4 (2-year).
Advertisement
Sources
- Official HRS §657-7.3 Medical torts; limitation of actions; time — Hawaii State Legislature
- Corroborating 2025 Hawaii Revised Statutes § 657-7.3 — Justia
- Corroborating Hawaii Medical Malpractice Lawsuit Requirements — Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Hawaii attorney.