(a) Any person or the person’s representative having concerns regarding the existence of a medical tort shall submit an inquiry to the medical inquiry and conciliation panel before a suit based on the circumstances of the inquiry may be commenced in any court of this State. Inquiries shall be submitted to the medical inquiry and conciliation panel in writing and shall include the facts upon which the inquiry is based and the names of all parties against whom the inquiry is or may be made who are then known to the person or the person’s representative.
medical exam

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Terms Used In Hawaii Revised Statutes 671-12

  • Health care provider: means a physician, osteopathic physician, surgeon, or physician assistant licensed under chapter 453, a podiatrist licensed under chapter 463E, a health care facility as defined in § 323D-2, and the employees of any of them. See Hawaii Revised Statutes 671-1
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(b) Within five business days after receipt of an inquiry the panel shall give notice of the inquiry and the statement of the inquiry, by certified mail, to all health care providers and others who are or may be parties to the inquiry and shall furnish copies of written inquiries to those persons. The notice shall set forth a date, not more than twenty days after the mailing of the notice, within which any health care provider against whom an inquiry is made shall file a written response and a date and time, not less than five days following the last date for filing a response, for a proceeding upon the inquiry by the panel and the parties. The notice shall describe the nature and purpose of the panel’s proceedings and shall designate the place of the meeting. The times originally set forth in the notice may be enlarged by the chairperson, on due notice to all parties, for good cause.
(c) If the statement of the inquiry in the notice is so vague or ambiguous that any party receiving notice of the inquiry cannot reasonably be required to frame a written response, the party may submit a written request to the director of commerce and consumer affairs for a more definite statement before filing the written response. Copies of the request shall be provided to the panel and all affected parties. The request, which shall be ex parte and stay the proceedings of the panel until notice of the director’s decision is given to the panel and all parties, shall specify the defects complained of and the details desired. The director may deny, grant, or modify the request at the director’s own discretion, without the necessity of a hearing, although the director may reach a decision after consulting with the panel or any party or parties. The director shall provide notice of the decision to the panel and all affected parties. If the request is granted and any party so directed fails to provide a more definite statement of the inquiry within five days after notice of the decision, the panel may make an order as it deems just. This subsection shall not be used as a tactic to delay the proceedings.

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