HRS 0657-0007_0003 ANNOTATIONS

Statute of limitations begins to run the moment person discovers or should have discovered the negligent act, the damage, and the causal connection. 65 H. 84, 648 P.2d 689.

Distinguished from "general" personal injury statute of limitations of §657-7. 73 H. 578, 837 P.2d 1247.

An expert opinion validating the legal basis for a claim is not required in order to trigger running of statute of limitations under this section; section also does not require the procurement of a favorable expert opinion before a cause of action accrues. 89 H. 244, 971 P.2d 717.

For a cause of action to accrue and the statute of limitations to commence under this section, legal knowledge of defendant's negligence is not required; thus, plaintiff's cause of action accrued when plaintiff had discovered that stroke was caused by defendant's inadequate administration of medication. 89 H. 244, 971 P.2d 717.

The two-year limitation begins to run when plaintiff discovers or should have discovered the damage, the violation of the duty, and the connection between the violation of the duty and the damage. 1 H. App. 519, 622 P.2d 613.