HRS §671-16.5
Choosing court instead of arbitration after a medical claim
This section lets a person with a medical claim, or a health care provider being questioned, choose to go to court instead of the required arbitration program. They can do this after the medical panel process ends or is not finished in time. They must have taken part in the panel or other dispute process.
everyone
The statute, as written — Arbitration; subsequent litigation
Any person or the person's representative claiming that a medical tort has been committed or any health care provider against whom an inquiry has been made may elect to bypass the court annexed arbitration program under section 601-20 after the inquiry has been submitted to the medical inquiry and conciliation panel and the panel has been terminated pursuant to section 671-15 if the party meaningfully participated in panel proceedings, an alternative dispute resolution process has been terminated pursuant to section 671-16.6, or the panel or alternative dispute resolution process has not completed proceedings within the tolling period of the statute of limitations under section 671-18.
Sections this one refers to
§601-20 Court-run arbitration for smaller injury lawsuits
§671-15 Notice when medical claim panel ends
§671-16.6 Moving a medical complaint to alternative dispute resolution
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