Navigating the Mandatory Medical Inquiry and Conciliation Panel (MICP) Process in Hawaii

If you or a loved one suffered harm due to a medical error in Hawaii, you might assume your first step is marching into a courtroom. However, Hawaii law requires a unique administrative detour before any lawsuit can be formally filed. This system is designed to encourage settlements and weed out weak claims without clogging the judicial system. Whether your incident occurred in Honolulu, Hilo, or Lihue, understanding how to successfully navigate this panel is crucial to preserving your right to seek financial justice.

What is the MICP?

The Medical Inquiry and Conciliation Panel (MICP) is an administrative body managed by the Department of Commerce and Consumer Affairs, Honolulu. Under Haw. Rev. Stat. § 671-12, practically all claims involving medical malpractice against a healthcare provider must be submitted to the MICP before a plaintiff is allowed to file a lawsuit in state or federal court. The panel typically consists of one experienced attorney and one physician or healthcare professional. Their job is not to act as a judge or a jury, but rather to review the evidence, offer an advisory opinion, and attempt to conciliate (settle) the dispute privately.

How MICP Tolls the Statute of Limitations

One of the biggest fears victims have is that participating in this mandatory panel will cause them to run out of time to file their lawsuit. The law accounts for this. Under Haw. Rev. Stat. § 671-18, the moment you officially file your claim with the MICP, the statute of limitations is tolled (paused). This pause remains in effect for the entire duration of the panel's review process, and generally continues for an additional 60 days after the panel issues its final decision. This ensures you do not lose your legal rights while the government conducts its mandatory review.

Step-by-Step Process for the MICP

Engaging with the MICP requires strict adherence to bureaucratic rules. Here is how a typical claim progresses.

Step 1: Filing the Claim Form

Your attorney will draft and submit a detailed inquiry to the DCCA. This is often done using a Form Inquiry Regarding Rendering of Professional Services, Hawaii, Department of Commerce and Consumer Affairs, Inquiry Regarding Rendering of Professional Services. The document outlines the dates of treatment, the names of the negligent doctors or hospitals, and a plain-language summary of exactly how the standard of care was breached.

Step 2: The Healthcare Provider's Response

Once the claim is filed, the state notifies the medical providers. The accused doctors or hospitals are typically given a strict deadline to submit a written response, defending their actions and providing initial medical records. At this stage, both sides begin exchanging basic evidence.

Step 3: The Conciliation Hearing

The panel will schedule an informal hearing. You, your attorney, the doctors, and their defense lawyers will sit down with the panel members. The rules of evidence are relaxed here compared to a trial at the First Circuit Court, Honolulu. The panel will ask questions, review the medical records, and facilitate a discussion to see if a fair monetary settlement can be reached without further litigation.

What Happens if the Panel Rules Against You?

Because the panel's goal is conciliation, they will eventually issue an advisory opinion on whether they believe malpractice actually occurred. It is entirely possible that the panel may find no fault with the doctor's actions. If the panel rules against you, do not panic. The panel's decision is strictly advisory and non-binding. Furthermore, legal precedents like Tobosa v. Owens, 69 Haw. 305 (HI Supreme Court 1987) support the concept that the findings of the MICP cannot generally be introduced as evidence to influence a jury if you proceed to a full trial. You still have the absolute right to file your lawsuit in civil court regardless of what the panel concludes.

Costs and Timelines of the Panel

Pursuing a malpractice claim is a financial commitment, but the MICP process itself is relatively inexpensive compared to a full trial. Under Haw. Rev. Stat. § 671-11(d), initiating an inquiry requires a statutory filing fee of $450, which includes a $50 non-refundable processing fee. Claimants experiencing financial hardship may submit an Ex Parte Motion to Waive MICP Filing Fees pursuant to Haw. Rev. Stat. § 671-11.5.

To ensure your claim is filed flawlessly and to maximize your chances of a pre-suit settlement during the conciliation phase, search our directory to find a highly qualified Hawaii medical malpractice lawyer.

How Long Does the Process Take?

The MICP process is designed to be faster than court litigation. Generally, the panel is required to conduct its hearing and issue a decision within 30 to 45 days after the last piece of necessary evidence is gathered. From the moment you file the initial claim to the day you receive the final advisory decision, the entire process usually takes between 3 to 6 months.

Frequently Asked Questions (FAQ)