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Garcia v. Kaiser Foundation Hospitals6/9/1999
physician. Although Plaintiffs attempt to characterize their claims in terms of fraud, Plaintiffs' claims consist of the alleged failure to investigate, make timely referrals, and timely treat Deogracias. As such, these claims call into question whether the care and treatment provided to Deogracias was proper and met the standard of care. To maintain their claims, Plaintiffs would have had to establish that the care and treatment provided by Dr. Davenport and HMG fell below the standard of care -- the very determination that is to be made by the MCCP. See HRS § 671-11 (1993) (describing the MCCP's function as follows: "review and render findings and advisory opinions on the issues of liability and damages in medical tort claims against health care providers"). Notwithstanding Plaintiffs' characterization of their claims, Plaintiffs' claims necessarily call into question the skill and knowledge required of physicians.
Based upon these facts, it is apparent that Plaintiffs violated HRS § 671-12, which effectively operates to enjoin "the commencement of a lawsuit against health care providers before a panel decision and a party's rejection of the advisory finding[.]" Id. at 314, 741 P.2d at 1286. Therefore, we hold that the circuit court did not err in concluding that it had no subject matter jurisdiction as a result of Plaintiffs' failure to comply with the requirements of HRS § 671-12.
IV. CONCLUSION
For the foregoing reasons, we vacate the circuit court's judgment with respect to count six of Plaintiffs' complaint and remand this case to the circuit court on the issue of equitable relief. We affirm the circuit court's judgment in all other respects.
On the briefs:
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