(a) A health-care provider or institution that intentionally violates this chapter shall be subject to liability to the individual or the individual’s estate for damages of $500 or actual damages resulting from the violation, whichever is greater, plus reasonable attorney’s fees.
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Terms Used In Hawaii Revised Statutes 327E-10

  • Advance health-care directive: means an individual instruction or a power of attorney for health care. See Hawaii Revised Statutes 327E-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Health-care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 327E-2
  • Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 327E-2
(b) A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual’s advance health-care directive or a revocation of an advance 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 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, plus reasonable attorney’s fees.

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