Nursing Home Lawsuits in Hawaii: How to File a Claim
Pursuing a nursing home injury claim in Hawaii requires completing the mandatory Medical Inquiry and Conciliation Panel process before filing a lawsuit in court, along with gathering medical records and working within the two-year limitations period under HRS § 657-7.
Reviewed by Nick Kassatly
DOH Office of Health Care Assurance (OHCA)
State agency investigating nursing home complaints in Hawaii
Source: Hawaii Department of Health, health.hawaii.gov
Medical Inquiry and Conciliation Panel (HRS Ch. 671)
Pre-litigation requirement for medical malpractice claims
Source: Hawaii Revised Statutes Chapter 671
2 years
General personal injury statute of limitations
Source: Hawaii Revised Statutes § 657-7
2 years from discovery (6-year absolute limit)
Medical tort statute of limitations
Source: Hawaii Revised Statutes § 657-7.3
24 – 42 months
Typical case resolution timeline (including MICP process)
Source: Standard civil litigation experience; varies by case
Contingency fee — no cost unless compensation is recovered
Fee structure
Source: Standard plaintiff-side contingency arrangement
Filing a nursing home injury claim in Hawaii is shaped by the mandatory Medical Inquiry and Conciliation Panel (MICP) process under HRS Chapter 671, which must be completed before a lawsuit can be filed in court, and by the two-year limitations period under HRS § 657-7 (or § 657-7.3 for medical tort claims). Families typically begin by requesting medical records, filing a complaint with the Hawaii DOH Office of Health Care Assurance, and consulting a lawyer. The MICP process adds an important pre-litigation step that must be carefully sequenced with the limitations period.
This page walks through what filing a nursing home injury claim looks like in Hawaii — from initial evidence gathering through the MICP process, the filing process, typical timelines, costs, and what families can expect from a first conversation with a lawyer. It is educational information and does not substitute for legal advice specific to your family's situation.
Hawaii nursing home injury claims structured as medical malpractice are subject to HRS Chapter 671, which requires the MICP process and a two-year discovery period with a six-year absolute limit under HRS § 657-7.3. Claims not structured as medical malpractice are subject to the general two-year limitations period under HRS § 657-7. Wrongful death claims are governed by HRS § 663-3 and carry a two-year period from the date of death.
About representation in Hawaii
Traction Law Group attorneys are licensed in Florida and New York. In other jurisdictions, we work with affiliated local counsel.
When Negligence Becomes a Legal Claim
A Hawaii nursing home injury claim requires four elements: a legal duty of care owed to the resident, a breach of that duty, causation linking the breach to the harm, and legally recognized damages. The duty of care is established by federal conditions of participation under 42 CFR § 483.25 and by Hawaii's nursing facility regulations under Hawaii Administrative Rules Title 11. When a facility falls below those standards and a resident is injured or dies, the elements of a civil claim may be present.
Evidence That Strengthens a Hawaii Nursing Home Case
The complete medical record is the foundation. CMS Form 2567 deficiency citations from OHCA inspections are strong corroborating evidence. Staffing data from CMS Care Compare, witness statements, and expert testimony on the standard of care complete the evidentiary picture. The certificate of consultation and materials prepared for the MICP hearing also form part of the record that carries into litigation.
The Hawaii Filing Process
Hawaii Revised Statutes Chapter 671 requires that before a medical malpractice lawsuit is filed in court, the claimant must submit an inquiry to the Medical Inquiry and Conciliation Panel (MICP). The claimant must submit a certificate of consultation and pay any applicable fee. The MICP holds a hearing and issues a finding, which is not binding on either party. The process must be completed — or the statutory waiting period must expire — before the lawsuit can be filed in Hawaii circuit court. Once filed, the defendant is served and has 20 days to respond after service.
How Long Hawaii Nursing Home Cases Take
Including the MICP process, Hawaii nursing home cases typically resolve in 24 to 42 months from the date the inquiry is submitted. The MICP process itself adds time before the lawsuit can be filed. Complex cases with disputed causation, multiple defendants, or extensive expert witness schedules can extend further. Most cases resolve through negotiated settlement before trial.
Costs and Fees
Hawaii nursing home injury cases are typically handled on a contingency fee basis — no upfront cost to the family. The attorney's fee is a percentage of the recovery, agreed upon at the outset and paid only from the proceeds of a settlement or verdict. Litigation expenses — MICP filing fees, expert witness fees, medical records costs, court filing fees, deposition costs — are advanced by the law firm and recovered at the end. If no recovery is obtained, the family owes nothing.
What to Expect from Initial Case Review
An initial case review is a free, no-obligation conversation. The attorney or intake team asks about the timeline of events, the nature of the resident's injuries, what the facility said or did, whether an OHCA complaint has been filed, and what records are available. If the claim appears viable, the attorney explains the MICP process, the expected timeline including pre-litigation steps, and the contingency fee structure. There is no pressure to proceed, and no fee is charged for the conversation.
Frequently Asked Questions
What is the Medical Inquiry and Conciliation Panel process in Hawaii?
Hawaii Revised Statutes Chapter 671 requires that medical malpractice claims first go through the Medical Inquiry and Conciliation Panel before a lawsuit can be filed in court. The claimant submits an inquiry with a certificate of consultation and a filing fee. The MICP holds a hearing and issues a finding that is not binding on either party. Once the process is complete — or the statutory waiting period expires — the lawsuit may proceed in Hawaii circuit court.
What evidence is most important in a Hawaii nursing home injury claim?
The complete medical record is the foundation. OHCA inspection reports and CMS Form 2567 deficiency citations are strong corroborating evidence. Staffing data from CMS Care Compare, witness statements, and expert testimony on the standard of care complete the evidentiary picture. The materials prepared for the MICP hearing also carry into the litigation.
How long do Hawaii nursing home cases typically take to resolve?
Including the mandatory MICP process, Hawaii nursing home cases typically resolve in 24 to 42 months from the time the inquiry is submitted. The MICP adds time before the lawsuit can be filed. Complex cases with disputed causation or multiple defendants can extend further. Most cases settle before trial.
Is there an upfront cost to pursue a Hawaii nursing home claim?
No. Hawaii nursing home injury cases are typically handled on a contingency fee basis. There is no upfront cost to the family. MICP filing fees, expert fees, medical records costs, court filing fees, and deposition costs are advanced by the firm and recovered at the end. If no recovery is obtained, the family owes nothing.
What is the statute of limitations for a Hawaii nursing home wrongful death claim?
Hawaii Revised Statutes § 663-3 provides two years from the date of death to bring a wrongful death action. For medical tort claims, HRS § 657-7.3 provides two years from the date of discovery with an absolute six-year limit from the date of the act or omission. Families should consult a lawyer promptly to determine which deadline applies to their specific situation.
How do I get a Hawaii nursing home's inspection records?
CMS Care Compare at medicare.gov publishes inspection reports, deficiency citations, staffing data, and quality ratings for every certified Hawaii nursing facility. The Hawaii DOH OHCA also maintains complaint and inspection records through health.hawaii.gov/ohca. CMS Form 2567 reports detail specific regulatory violations found during each inspection.
What happens during an initial case review for a Hawaii nursing home claim?
An initial case review is free and carries no obligation. The attorney asks about what happened, the timeline, the nature of the injuries, whether an OHCA complaint was filed, and what records are available. If the claim appears viable, the attorney explains the MICP process, the expected timeline, and the fee structure. There is no pressure to proceed.
Injured in a Nursing Home?
Case reviews are free, confidential, and come with no obligation. Our intake team will help you understand your rights in Hawaii.