§671-4 Notice of damages. (a) In any medical tort action, the party against whom the complaint, counterclaim, or cross-claim is made at any time may request a statement setting forth the nature and amount of the damages sought. The request shall be served upon the complainant, counterclaimant, or cross-claimant who shall serve a responsive statement as to the damages within fifteen days thereafter. In the event a response is not served, the requesting party may petition the court with notice to the other parties, to order the appropriate party to serve a responsive statement.
(b) If no request is made for a statement setting forth the nature and amount of damages sought, the complainant, counterclaimant, or cross-claimant, as the case may be, shall give notice to the other of the amount of special and general damages sought to be recovered, either before a default may be taken, or in the event an answer is filed, at least sixty days prior to the date set for trial. [L 1976, c 219, pt of §2; am L 1980, c 232, §36; am L 1992, c 55, §2]
Case Notes
Medical malpractice claim not dismissed for violation of section where other claims brought with it. 69 H. 305, 741 P.2d 1280 (1987).
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
671-5 Reporting and reviewing medical tort claims.
671-6 Administration of chapter.
671-7 Professional liability insurance; coverage for telehealth.
671-11 Medical inquiry and conciliation panels; composition, selection, compensation.
671-12.5 Certificate of consultation.
671-13 Medical inquiry and conciliation panel proceedings; voluntary settlement.
671-14 Same; persons attending proceedings of panel.
671-15.5 Expungement of records; malpractice insurance rates.
671-16 Subsequent litigation; excluded evidence.
671-16.5 Arbitration; subsequent litigation.
671-16.6 Submission of inquiry to an alternative dispute resolution provider.
671-17 Immunity of panel members from liability.
671-18 Statute of limitations tolled.