TOBOSA v. OWENS

No. 11772.

741 P.2d 1280 (1987)

Patricia TOBOSA and Edward Tobosa, Plaintiffs-Appellants, v. Thomas C. OWENS, M.D. and the Queen's Medical Center, Defendants-Appellees, and John Bellatti, M.D., Clifford Hornback, M.D. and John Does 5-50, Defendants.

Supreme Court of Hawaii.

As Amended September 11, 1987.


Attorney(s) appearing for the Case

Prescilla Mills, Honolulu (David C. Schutter, George W. Playdon, Jr., Thomas D. Collins, III, and Stuart T. Feeley on the briefs, Schutter, Playdon, Glickstein, of counsel) for plaintiffs-appellants.

Rene McWade, Honolulu (Dennis E.W. O'Connor and H. William Goebert, Jr. with her on the brief, Reinwald, O'Connor & Marrack, of counsel) for defendant-appellee Queen's Medical Center.

Edmund Burke, Honolulu (Debra A. McHugh with him, on the brief, Burke, Sakai, McPheeters, Bordner & Gilardy, of counsel) for defendant-appellee Owens.

Before NAKAMURA, Acting C.J., and PADGETT, HAYASHI, and WAKATSUKI, JJ., and Intermediate Court of Appeals Chief Judge BURNS, in place of LUM, C.J., Recused.


NAKAMURA, Justice.

One seeking damages for a medical tort1 must "submit the claim to [a] medical claim conciliation panel [formed pursuant to HRS § 671-112] before a suit based [thereon] may be commenced in any court of this State." HRS § 671-12.3 Furthermore, the plaintiff's complaint cannot "specify the amount of damages [sought] but shall contain a prayer for general...

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