§327G-11 Statutory damages. (a) A supervising health care provider or health care institution that intentionally violates this chapter shall be liable to the principal or the principal's estate for damages of $500 or actual damages resulting from the violation, whichever is greater, and reasonable attorney's fees. The damages payable in this section shall be in addition to any other damages permitted by law.
(b) A person who intentionally alters, conceals, obliterates, or falsifies an individual's advance mental health care directive or a revocation of an advance mental health care directive without the individual's consent, or who coerces or fraudulently induces an individual to give, revoke, or not to give an advance mental health care directive, shall be subject to liability to that individual for damages of $2,500 or actual damages resulting from the action, whichever is greater, and reasonable attorney's fees. [L 2004, c 224, pt of §2]
Structure Hawaii Revised Statutes
327G. Advance Mental Health Care Directives
327G-3 Advance mental health care directive; designation of agent.
327G-4 Revocation of advance mental health care directive.
327G-5 Authority and duty of agent; limitations on liability.
327G-6 Withdrawal of agent; rescission of withdrawal.
327G-7 Presumption of capacity; determination of lack of capacity; recovery of capacity.
327G-8 Limitations on applicability of advance mental health care directive.
327G-10 Obligations of health care providers; limitations on liability.