HRS 0671-0001 ANNOTATIONS

Keomaka v. Zakaib: The Physician's Affirmative Duty to Protect Patient Autonomy Through the Process of Informed Consent. 14 UH L. Rev. 801.

Where certain counts of plaintiff's complaint alleged errors or omissions in professional practice by a health care provider, thus falling under the definition of "medical tort" under paragraph (2), court properly ruled plaintiff could not proceed with those counts of suit without first submitting them to medical claims conciliation panel as required by §§671-12 and 671-16. 89 H. 188, 970 P.2d 496.

An alleged "unnecessary, improper and intrusive examination of a woman's breasts" where the doctor allegedly "fondled the woman's breasts and squeezed the woman's nipples until they squirted milk in the doctor's face" is an alleged "medical tort" as defined in paragraph (2) because it is an alleged "error in professional practice, by a health care provider." 93 H. 490 (App.), 6 P.3d 362.