671-12 Review by panel required; notice; presentation of inquiry; request for a more definite statement of the inquiry.
§671-12 Review by panel required; notice; presentation of inquiry; request for a more definite statement of the inquiry. (a) Any person or the person’s representative having concerns regarding the existence of a medical tort shall submit an inquiry to the medical inquiry and conciliation panel before a suit based on the circumstances of the inquiry […]
671-12.5 Certificate of consultation.
§671-12.5 Certificate of consultation. (a) Any inquiry filed with the medical inquiry and conciliation panel under this chapter shall be accompanied by a certificate that declares one of the following: (1) That the party initiating the inquiry or the party’s attorney has consulted with at least one physician who is licensed to practice in this […]
671-13 Medical inquiry and conciliation panel proceedings; voluntary settlement.
§671-13 Medical inquiry and conciliation panel proceedings; voluntary settlement. [(a)] Every inquiry regarding a medical tort shall be processed by the medical inquiry and conciliation panel within thirty days after the last date for filing a response. No persons other than the panel, witnesses, and consultants called by the panel, and the persons listed in […]
671-14 Same; persons attending proceedings of panel.
§671-14 Same; persons attending proceedings of panel. Unless excluded or excused by the panel, the following persons shall attend proceedings before the panel: (1) The party or parties submitting the inquiry; (2) The health care provider or providers against whom the inquiry is submitted or representatives thereof, other than counsel, authorized to act for the […]
671-15 Panel termination.
§671-15 Panel termination. The director of commerce and consumer affairs or the panel shall notify all affected parties upon termination of panel proceedings. At the discretion of the director or the panel, a notice of termination may state whether any party or parties to the matter failed to meet the requirements of this part or […]
671-15.5 Expungement of records; malpractice insurance rates.
§671-15.5 Expungement of records; malpractice insurance rates. (a) A health care provider may apply to the panel for expungement of all records of the related proceedings. The panel shall expunge all records if the panel agrees that the inquiry did not provide a sufficient basis to support the finding of a medical tort against the […]
671-16 Subsequent litigation; excluded evidence.
§671-16 Subsequent litigation; excluded evidence. [(a)] The party initiating the inquiry may institute litigation based upon the circumstances of the inquiry in an appropriate court only after the medical inquiry and conciliation panel proceedings were terminated pursuant to section 671-15; a party has participated in alternative dispute resolution pursuant to section 671-16.6; or the twelve-month […]
671-1 Definitions.
§671-1 Definitions. As used in this chapter: “Health care provider” means a physician, osteopathic physician, surgeon, or physician assistant licensed under chapter 453, a podiatrist licensed under chapter 463E, a health care facility as defined in section 323D-2, and the employees of any of them. Health care provider shall not mean any nursing institution or […]
671-2 REPEALED.
§671-2 REPEALED. L Sp 1986, c 2, §12.
671-3 Informed consent.
§671-3 Informed consent. (a) The Hawaii medical board may establish standards for health care providers to follow in giving information to a patient, or to a patient’s guardian or legal surrogate if the patient lacks the capacity to give an informed consent, to ensure that the patient’s consent to treatment is an informed consent. The […]