(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.
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Terms Used In Hawaii Revised Statutes 327G-11

  • Advance mental health care directive: means a written document expressing preferences, instructions, or a power of attorney for mental health treatment. See Hawaii Revised Statutes 327G-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Health care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Hawaii Revised Statutes 327G-2
  • 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 327G-2
  • Mental health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a principal's mental condition, including:

    (1) Selection and discharge of health care providers and institutions;

    (2) Approval or disapproval of diagnostic tests, surgical procedures, and programs of medication; and

    (3) Approval or disapproval of electroconvulsive treatment. See Hawaii Revised Statutes 327G-2

  • Principal: means a competent adult or emancipated minor who has executed a written advance mental health care directive or power of attorney for mental health care. See Hawaii Revised Statutes 327G-2
(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.

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