Pain & Suffering: Medical Malpractice vs. Ordinary Injury

By the FigureMyTax Editorial Team · How we calculate

In most states, this comparison is about two different legal regimes. In Hawaii, it's mostly about procedure — the damages cap itself never changes.

The same cap, no matter the claim type

Under HRS §663-8.7, the $375,000 pain and suffering cap applies identically whether the claim arises from a car accident, a slip-and-fall, or a hospital's negligence. Hawaii's cap was never structured as a malpractice-specific carve-out the way most states' caps are.

Proposals that didn't replace it

Over the years, Hawaii legislators floated medical-tort-specific proposals — including one bill that would have set a $500,000 noneconomic damages ceiling specifically for medical torts, with a higher threshold for court-determined catastrophic injuries. None of these replaced the general §663-8.7 cap that remains in force today.

Fault works the same way too

The same HRS §663-31 modified comparative negligence rule, with its 51% bar, applies uniformly across both claim types — no special fault standard exists for malpractice the way some states carve one out.

The real difference: procedure, not damages

Medical malpractice claimants generally must submit the matter to a state inquiry and conciliation panel before filing suit — a procedural step an ordinary car accident or slip-and-fall claim never requires. The damages and fault rules stay identical; the path to the courthouse doesn't.

This is general information, not legal advice. Medical malpractice claims involve procedural requirements beyond what's described here. Confirm how Hawaii's rules apply to your specific case with a licensed attorney.