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HRS §671-16

When lawsuits can start and what evidence is banned

This section says a person who started a medical inquiry can only sue after the panel process ends, after alternative dispute resolution, or after the waiting period. It also bans using panel statements or decisions as evidence in later trials, except for a specific purpose.

courts

The statute, as written — 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 period under section 671-18 has expired. [(b)] No statement made in the course of the proceedings of the medical inquiry and conciliation panel shall be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any trial of the action; provided that the statements may be admissible for the purpose of section 671-19. No decision, conclusion, finding, statement, or recommendation of the medical inquiry and conciliation panel on the issue of liability or on the issue of damages shall be admitted into evidence in any subsequent trial, nor shall any party to the medical inquiry and conciliation panel proceeding, or the counsel or other representative of a party, refer or comment thereon in an opening statement, an argument, or at any other time, to the court or jury; provided that the decision, conclusion, finding, or recommendation may be admissible for the purpose of section 671-19.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§671-15 Notice when medical claim panel ends

§671-16.6 Moving a medical complaint to alternative dispute resolution

§671-18 Pausing the deadline while a medical complaint is pending

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.