Hawaii Military Birth Injury Malpractice Attorneys

Active duty military families who have suffered preventable birth injuries at Hawaii's military medical facilities deserve experienced legal representation that understands the medical and legal complexities. Birth injuries at Military Treatment Facilities (MTFs) like Tripler Army Medical Center can result in lifelong disabilities, requiring millions of dollars in specialized care and treatment.

At the Archuleta Law Firm, our founding attorney brings a unique combination of medical doctor (MD) and law degree (JD) credentials to every military birth injury case. Our dual expertise allows us to identify medical negligence that other attorneys might miss, and clearly communicate complex medical concepts to federal judges and juries. We have recovered over $145 million for military families nationwide, including significant settlements for birth injury cases at military hospitals.

Military birth injury cases are federal claims filed against the U.S. government under the Federal Tort Claims Act (FTCA) and the National Defense Authorization Act (NDAA). These cases require specialized knowledge of federal law and military medical protocols, and understanding the unique challenges facing active duty service members and their families seeking justice for medical malpractice.

• Failure to Monitor Fetal Heart Rate: When military hospital staff fail to properly monitor fetal distress signals or ignore concerning heart rate patterns, oxygen deprivation can cause cerebral palsy and permanent brain damage. Continuous electronic fetal monitoring is the standard of care during high-risk deliveries.

• Delayed Emergency Cesarean Section: Military medical providers violate established protocols when they delay performing emergency C-sections when complications arise. Delays beyond 30 minutes in emergency situations can result in hypoxic-ischemic encephalopathy (HIE) and lifelong neurological disabilities.

• Improper Use of Delivery Instruments: Excessive force or incorrect positioning when using forceps or vacuum extractors during assisted delivery can cause skull fractures, brachial plexus injuries (Erb's palsy), and facial nerve damage that may never fully heal.

• Medication Errors During Labor: Administering incorrect dosages of Pitocin or other labor-inducing medications can cause uterine rupture or overly strong contractions that compress the umbilical cord and deprive the baby of oxygen.

• Failure to Diagnose Maternal Conditions: Failure to diagnose and treat maternal conditions like preeclampsia, gestational diabetes, or placental abruption puts both mother and baby at risk for premature delivery and complications.

• Inadequate Neonatal Resuscitation: Newborns requiring immediate medical intervention need prompt, skilled resuscitation. Delays or improper techniques by military medical staff can worsen birth injuries and cause additional complications.

Our firm represents military families who experienced birth injuries at Hawaii's major Military Treatment Facilities that provide obstetrical and maternity care services. These federal facilities are subject to FTCA jurisdiction when medical negligence occurs.

Tripler Army Medical Center (Honolulu) - This major Army medical facility provides comprehensive obstetrical care including high-risk pregnancy management and maintains a Level III Neonatal Intensive Care Unit (NICU). The complexity of cases handled here increases the risk of medical errors during labor and delivery.

Naval Medical Centers and Clinics - Navy and Marine Corps families in Hawaii receive maternity care at various naval medical facilities throughout the islands. These facilities handle routine deliveries as well as emergency obstetrical situations where timing and proper medical judgment are critical.

Air Force Medical Treatment Facilities - Air Force families stationed in Hawaii rely on military medical facilities for prenatal care, labor and delivery services, and postpartum care. When Air Force medical providers fail to meet established standards of care, birth injuries can result.

View all Hawaii Military Facilities

• Your baby was born with cerebral palsy, Erb's palsy, or other neurological conditions after a prolonged or difficult delivery at a military hospital
• Fetal heart rate monitoring showed distress patterns that medical staff ignored or failed to act upon appropriately
• Emergency cesarean section was delayed despite clear medical indications that immediate delivery was necessary
• Excessive force was used during delivery with forceps or vacuum extraction, resulting in visible injuries to your baby
• Your baby required immediate resuscitation or NICU admission due to oxygen deprivation during birth
• Medical records show medication errors, dosing mistakes, or failure to follow established labor and delivery protocols
• Military medical providers failed to diagnose or properly treat maternal conditions like preeclampsia or gestational diabetes that contributed to birth complications

Damages Available in Hawaii Birth Injury Cases

Economic Damages

Military families can recover substantial economic damages for birth injuries caused by medical malpractice at federal facilities. These damages include lifetime medical care costs, which can exceed $1 million for severe cerebral palsy cases. Specialized therapy costs including physical therapy, occupational therapy, and speech therapy throughout the child's lifetime are recoverable. Educational expenses for special needs schooling, tutoring, and adaptive equipment required for learning are compensable. Lost future earning capacity represents the difference between what the child would have earned versus their reduced earning potential due to disabilities. Home modification costs to accommodate wheelchairs, ramps, and specialized medical equipment are included in economic damages.

Non-Economic Damages

Non-economic damages compensate for the intangible losses that cannot be precisely calculated but significantly impact the family's quality of life. Pain and suffering endured by the child due to their birth injury and ongoing medical treatments are recoverable. Loss of enjoyment of life accounts for activities, experiences, and normal childhood experiences the injured child cannot participate in due to their disabilities. Emotional distress damages recognize the psychological impact on both the child and family members dealing with a preventable birth injury. Impact on family relationships includes the strain placed on marriages and sibling relationships when caring for a severely injured child.

Hawaii-Specific Considerations

Under the Federal Tort Claims Act (28 U.S.C. § 2674), military birth injury cases are governed by federal law rather than Hawaii state damage caps. However, Hawaii's comparative negligence principles may apply if the family's actions contributed to the injury. Hawaii does not impose damage caps on medical malpractice cases in state court, but federal FTCA claims have different procedural requirements and damage calculations that our experienced attorneys understand thoroughly.

Statute of Limitations: The Federal Tort Claims Act requires that administrative claims be filed within two years of when the birth injury occurred or was discovered (28 U.S.C. § 2401). Hawaii's discovery rule may extend this deadline if the full extent of the birth injury was not immediately apparent, which is common in cases involving developmental delays that become evident as the child grows.

Expert Witness Requirements: Hawaii requires qualified medical experts to establish the standard of care and prove that military medical providers deviated from accepted practices. Birth injury cases require experts in obstetrics, neonatology, and sometimes pediatric neurology to explain complex medical concepts to judges and juries. Our firm's medical doctor founder often serves as a consulting expert while we retain additional specialists as needed.

For complete step-by-step filing instructions, see our guide: How to File a Military Medical Malpractice Claim in Hawaii

Under the Federal Tort Claims Act (28 U.S.C. § 2401), you have two years from the date of the birth injury or discovery of the injury to file an administrative claim. Hawaii's discovery rule may extend this deadline if the birth injury's full extent wasn't immediately apparent, which often occurs with developmental delays.

You can recover economic damages including lifetime medical care, therapy costs, special education expenses, and lost future earnings. Non-economic damages include pain and suffering, loss of enjoyment of life, and emotional distress. There are no state damage caps since these are federal FTCA claims.

Hawaii damage caps do not apply to military birth injury cases because these are federal claims under the FTCA, not state medical malpractice cases. Federal law governs damage calculations, often resulting in higher compensation than state court cases with damage caps.

No, you cannot sue individual military doctors personally. Under the FTCA, your claim is against the United States government for the negligent actions of its employees. This actually benefits families because the federal government has unlimited resources to pay judgments.

Yes, Hawaii requires qualified medical experts to prove the standard of care was violated. Birth injury cases typically require experts in obstetrics, neonatology, and pediatric neurology. Our firm's medical doctor founder provides consulting expertise while we retain additional specialists as needed.

Military birth injury cases typically take 18-36 months to resolve. The process begins with a six-month administrative review by the military facility. If unsuccessful, federal court litigation can take an additional 12-24 months depending on case complexity and the government's willingness to settle.

Hawaii's discovery rule may extend the FTCA statute of limitations if the birth injury wasn't reasonably discoverable at the time it occurred. Developmental delays and learning disabilities sometimes don't become apparent until children reach school age, potentially extending your filing deadline.

Yes, under the SFC Richard Stayskal Military Medical Accountability Act of 2019, active duty service members can now file FTCA claims for medical malpractice, including birth injuries that occurred during their own military hospital deliveries.

When your child has suffered cerebral palsy, Erb's palsy, brachial plexus injuries, and other preventable birth injuries at a Hawaii military facility, you need attorneys who understand both medicine and law. The Archuleta Law Firm offers a unique combination of expertise:

• Doctor-Attorney on Staff: Our founding attorney holds both an MD and JD, providing unmatched insight into Birth Injury cases and the medical standards of care that were violated.

• Proven Results: Over $145 million recovered for military families nationwide, including complex Birth Injury cases.

• Hawaii FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Hawaii military treatment facilities.

• No Fee Unless We Win: You pay nothing unless we recover compensation for you. We advance all case costs and expenses.

• Nationwide Practice: Licensed to handle FTCA cases in all 50 states, including Hawaii, with dedicated knowledge of federal medical malpractice law.

• Compassionate Approach: We understand the physical, emotional, and financial toll that Birth Injury takes on families. Our team is here to support you through every step of the legal process.

If your child suffered cerebral palsy, Erb's palsy, brachial plexus injuries, and other preventable birth injuries at a Hawaii military hospital, you may be entitled to significant compensation under the Federal Tort Claims Act.

The Archuleta Law Firm offers free, confidential case evaluations for Hawaii Birth Injury victims. Our Hawaii Birth Injury attorneys will:

• Review your medical records and case details at no cost
• Explain your legal rights under the FTCA
• Assess the strength of your potential claim
• Answer your questions about the Hawaii legal process
• Discuss the compensation you may be entitled to recover

Don't wait - the FTCA has strict deadlines for filing claims. Contact us today to protect your rights.

Call 1-800-798-9529 for a free consultation, or Request Your Free Case Evaluation Online.

Hawaii Military Malpractice Information

• Military & VA Medical Malpractice in Hawaii - Complete guide to filing claims in Hawaii, including facility listings and legal requirements

Other Hawaii Case Types We Handle

• Hawaii Surgical Errors Cases
• Hawaii Emergency Room Errors Cases
• Hawaii Brain Injury Cases

Birth Injury Resources

• Birth Injury Lawyers (Nationwide) - General Birth Injury information
• FTCA Claims Process - Understanding the Federal Tort Claims Act
• Standard Form 95 Guide - How to complete the required claim form

Contact Us

• Phone: 1-800-798-9529
• Free Case Evaluation

If you're a veteran or military family member in Hawaii dealing with a birth injury that occurred at a military medical facility, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your rights and securing your child's future care. Under the FTCA, you have two years from the date you discovered (or reasonably should have discovered) the injury to file an administrative claim using Standard Form 95. This timeline is strict, and missing it could permanently bar your claim.

Once you file your administrative claim, the military has six months to investigate and respond. During this period, having an attorney with both medical and legal expertise becomes invaluable. A doctor-attorney can properly evaluate medical records, identify deviations from the standard of care, and understand the long-term implications of birth injuries. This dual expertise is particularly important in military medical cases, where understanding both military healthcare protocols and civilian medical standards is essential.

Through an FTCA claim, you can recover various types of damages. These include past and future medical expenses, which is crucial for birth injuries that may require lifetime care. You can also claim lost wages if a parent must leave their job to care for the injured child. Additionally, compensation for pain and suffering, both physical and emotional, is available - though it's important to note that Hawaii's specific considerations may affect the final amount.

Military families face unique challenges when dealing with birth injuries, from frequent relocations to navigating the complex military healthcare system. That's why it's essential to work with attorneys who understand both the FTCA process and military culture. A qualified doctor-attorney can help ensure you meet all deadlines, properly document your claim, and maximize your potential recovery.

Don't let uncertainty about the legal process prevent you from seeking the compensation your family deserves. Many experienced FTCA attorneys offer free case evaluations to help you understand your rights and options. Taking advantage of this free consultation can help you make informed decisions about your child's future while ensuring you don't miss critical deadlines. Contact a qualified doctor-attorney today to discuss your specific situation and learn how they can help protect your family's rights under the FTCA.

We handle various types of VA and military medical malpractice cases in Hawaii:

• Hawaii Surgical Errors Cases
• Hawaii Emergency Room Errors Cases
• Hawaii Brain Injury Cases
• Hawaii Spinal Cord Injury Cases
• Hawaii Misdiagnosis Cases
• Hawaii Medication Errors Cases