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The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

The Hawaii law uses a 51 percent bar for medical malpractice claims. That means that as long as the patient is no more than 50 percent at fault, he or she can collect damages. However, the amount of damages the patient collects would be reduced due to his or her actions.

The Medical Malpractice Damages Cap in Hawaii Hawaii Revised Statutes section 663-8.7 limits pain and suffering damages to $375,000 in almost any kind of personal injury (tort) case in Hawaii, including medical malpractice lawsuits.

Hawaii uses the discovery rule for the statute. Adults have a full two years to file a claim after discovering the injury. However, they only have six years in total. If someone discovers an injury five years after the malpractice occurred, he or she only has one year to file a claim, or the limit will run out.

The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

The four main factors that a judge analyzes in a medical malpractice case are duty, dereliction, direct cause, and damages. Duty is the responsibilities and obligations that the defendant has toward you in the specific situation as defined by state law. Dereliction questions if this duty was breached.