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, 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 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]



 



Note



 



  The L 2009, c 11, §67 amendment is retroactive to April 3,
2008.  L 2009, c 11, §76(2).



 



Law Journals and Reviews



 



  Keomaka v. Zakaib:  The Physician's Affirmative Duty to
Protect Patient Autonomy Through the Process of Informed Consent.  14 UH L.
Rev. 801.



  Holding Hawai‘i Nursing Facilities Accountable for the
Inadequate Pain Management of Elderly Residents.  27 UH L. Rev. 233.



 



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.



  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.



  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.