Hawaii VA & Military Brain Injury Malpractice Attorneys

Service members and veterans trust Hawaii's VA medical centers and military hospitals for competent neurological care and emergency treatment. Medical negligence in diagnosing, treating, or monitoring brain injuries can cause devastating, life-altering consequences for patients and their families for decades.

The Hawaii Department of Health states that traumatic brain injury is a leading cause of death and disability; proper medical intervention and protocols could prevent many cases. Our founding attorney at the Archuleta Law Firm is both a licensed attorney and medical doctor, offering legal and medical expertise to evaluate complex neurological cases.

Under Hawaii law, brain injury lawsuits must be filed within two years (Hawaii Rev. Stat. § 663-1), and the state caps non-economic damages at $375,000 under Hawaii Rev. Stat. § 663-8.7. If medical negligence caused your or a loved one's brain injury at a Hawaii VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA) to pursue compensation from the U.S. government.

• Failure to Diagnose Traumatic Brain Injury: Emergency room physicians who miss signs of concussion, intracranial bleeding, or skull fractures can cause permanent brain damage through delayed treatment.

• Delayed Treatment of Stroke: Neurological emergencies require immediate intervention within critical time windows. When medical staff fail to quickly identify stroke symptoms or delay administration of clot-busting medications, brain tissue death and permanent disability can result.

• Surgical Errors During Brain Procedures: Improper surgical technique during neurosurgical procedures, including incorrect placement of instruments or failure to control bleeding, can cause additional brain trauma and complications requiring extensive rehabilitation.

• Medication Errors Affecting Neurological Function: Administering incorrect dosages of blood thinners, seizure medications, or anesthesia can lead to brain hemorrhages, oxygen deprivation, or toxic reactions that damage brain tissue.

• Failure to Monitor Intracranial Pressure: Following brain surgery or trauma, medical staff must carefully monitor for signs of increased pressure within the skull. Failure to recognize and treat elevated intracranial pressure can result in brain herniation and death.

• Inadequate Post-Operative Care: Brain injury patients require specialized monitoring and immediate response to neurological changes. When nursing staff fail to recognize deteriorating conditions or delay notifying physicians, preventable complications can occur.

Our firm represents brain injury victims at major VA medical centers and military treatment facilities throughout Hawaii, where complex neurological cases require the highest standards of care.

• VA Pacific Islands Health Care System (Honolulu): This major VA medical center provides comprehensive neurological services and emergency care, where delays in stroke treatment or traumatic brain injury diagnosis can have devastating consequences.

• Tripler Army Medical Center (Honolulu): As the largest military hospital in the Pacific region, Tripler handles complex neurosurgical cases and trauma patients, where surgical errors or post-operative complications can result in permanent brain damage.

• Naval Hospital Pearl Harbor: This facility provides emergency and specialized care to Navy personnel and their families, where failure to properly diagnose or treat neurological emergencies can lead to preventable brain injuries.

• Schofield Barracks Medical Clinic: While primarily providing routine care, misdiagnosis of concussions or failure to refer patients for appropriate neurological evaluation can result in long-term cognitive impairment.

View all Hawaii VA & Military Facilities

• Emergency room staff dismissed or failed to properly evaluate head trauma symptoms despite clear mechanism of injury
• Stroke symptoms were present but medical staff delayed ordering CT scans or MRI imaging for hours
• You experienced sudden neurological deterioration while hospitalized, but nursing staff failed to immediately notify physicians
• Brain surgery was performed, but you developed unexpected complications that required additional procedures
• Medical records show conflicting documentation about your neurological status or treatment decisions
• Physicians failed to order appropriate neurological consultations despite concerning symptoms
• You were discharged from the emergency room with a head injury but returned within 24-48 hours with worsening symptoms

Economic Damages

Brain injury cases often involve substantial economic losses that can be recovered in FTCA claims. These include lifetime medical care costs, which for severe traumatic brain injury can exceed $4 million according to CDC estimates. Specific economic damages include ongoing neurological rehabilitation, speech and occupational therapy costs, specialized equipment and home modifications for accessibility, lost wages and reduced earning capacity, and round-the-clock nursing care or assisted living expenses.

Non-Economic Damages

Non-economic damages compensate for the intangible losses that brain injury victims experience. These include pain and suffering from headaches, cognitive difficulties, and physical limitations. Loss of enjoyment of life encompasses the inability to participate in previously enjoyed activities, hobbies, or career pursuits. Emotional distress covers depression, anxiety, and personality changes that commonly follow brain injuries. Impact on family relationships includes loss of consortium and the strain that caregiving places on spouses and children.

Hawaii-Specific Considerations

Under Hawaii Rev. Stat. § 663-8.7, non-economic damages in medical malpractice cases are capped at $375,000. However, this state law cap may not apply to FTCA claims filed in federal court, as federal law governs these cases against the U.S. government. Economic damages, including medical expenses and lost wages, are not subject to caps under Hawaii law. birth injury cases The two-year statute of limitations under Hawaii Rev. Stat. § 663-1 runs parallel to the federal FTCA filing requirements, making timely action critical for preserving your legal rights.

### Statute of Limitations

The Federal Tort Claims Act requires that administrative claims be filed within two years of discovering the injury (28 U.S.C. § 2675). Hawaii state law similarly imposes a two-year statute of limitations for brain injury lawsuits under Hawaii Rev. Stat. § 663-1. Hawaii's discovery rule may extend this deadline if the brain injury's connection to medical negligence was not immediately apparent, but courts apply this exception narrowly in medical malpractice cases.

### Expert Witness Requirements

Medical malpractice claims require expert testimony to establish the standard of care, breach, causation, and damages. FTCA cases typically require medical experts to establish the standard of care, demonstrate how that standard was breached, and prove causation between the negligence and resulting brain injury. Our team works with qualified medical experts who understand the complex neurological standards applicable to brain injury cases.

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

Hawaii imposes a two-year statute of limitations for brain injury lawsuits under Hawaii Rev. Stat. § 663-1. For FTCA claims against VA or military hospitals, the federal two-year requirement under 28 U.S.C. § 2675 also applies. The clock typically starts when you discover both the injury and its connection to medical negligence.

Economic damages include medical expenses, rehabilitation costs, lost wages, and reduced earning capacity without caps. Non-economic damages for pain and suffering are capped at $375,000 under Hawaii Rev. Stat. § 663-8.7, though this state cap may not apply to federal FTCA claims filed against the U.S. government.

Hawaii's $375,000 cap on non-economic damages under Hawaii Rev. Stat. § 663-8.7 applies to state medical malpractice cases. However, FTCA claims are filed in federal court against the U.S. government, where federal law may govern damage calculations rather than state caps.

You cannot sue individual military doctors personally due to federal immunity. Instead, you must file an FTCA claim against the United States government for negligence by federal employees acting within their scope of employment at VA or military medical facilities.

FTCA cases typically require qualified medical experts to establish the standard of care and prove negligence caused your brain injury. The expert must be familiar with the relevant medical standards and able to testify about how those standards were violated.

FTCA cases begin with a six-month administrative claim process with the relevant federal agency. If denied, you can file a federal lawsuit. Complex brain injury cases often take 18-36 months to resolve due to the extensive medical evidence and expert testimony required to prove long-term damages.

Hawaii's discovery rule may extend the statute of limitations if brain injury symptoms or their connection to medical negligence were not immediately apparent. However, you should consult with an attorney immediately, as courts apply discovery rule exceptions narrowly in medical malpractice cases.

Family members may recover damages for loss of consortium under Hawaii law when a spouse suffers brain injury due to medical negligence. This includes compensation for the loss of companionship, emotional support, and services that the injured spouse previously provided to the family.

When you or a loved one has suffered traumatic brain injuries, head trauma, and brain damage from medical negligence at a Hawaii VA or 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 Brain Injury cases and the medical standards of care that were violated.

• Proven Results: Over $145 million recovered for military and VA medical malpractice victims nationwide, including complex Brain Injury cases.

• Hawaii FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Hawaii VA medical centers and 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 Brain Injury takes on families. Our team is here to support you through every step of the legal process.

If you or a loved one suffered traumatic brain injuries, head trauma, and brain damage from medical negligence at a Hawaii VA medical center or 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 Brain Injury victims. Our Hawaii Brain 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 VA 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 Spinal Cord Injury Cases

Brain Injury Resources

• Brain Injury Lawyers (Nationwide) - General Brain 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 or a family member has suffered a brain injury due to medical negligence at a VA facility or military hospital in Hawaii, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows you to seek compensation from the federal government, but you must follow strict deadlines and procedures.

You have two years from the date of injury or when you reasonably should have discovered the injury to file an administrative claim using Standard Form 95. This is your first step in the FTCA process. Once you submit your claim, the federal agency has six months to respond. If they deny your claim or fail to respond within six months, you then have six months to file a federal lawsuit.

Brain injury cases involving military medical care are particularly complex, which is why having an attorney who is also a medical doctor can be invaluable to your case. A doctor-attorney can better understand the technical aspects of your medical records, identify deviations from the standard of care, and effectively communicate with medical experts. This dual expertise is especially important when dealing with traumatic brain injuries, which often involve subtle but significant changes in cognitive function, behavior, and quality of life.

Through an FTCA claim, you may be able to recover various types of damages. These can include past and future medical expenses, lost wages and earning capacity, rehabilitation costs, and compensation for pain and suffering. For military families in Hawaii, this can also include specialized care needs unique to island living, such as off-island medical travel expenses and specialized rehabilitation services not available locally.

Don't wait to explore your legal options. Many law firms specializing in military medical malpractice offer free initial case evaluations to help you understand your rights and the strength of your claim. During this consultation, an experienced attorney can review your medical records, explain the FTCA process in detail, and help you determine the best path forward for you and your family. Remember, these cases have strict deadlines, and gathering the necessary medical evidence takes time, so it's important to seek legal guidance as soon as possible.

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

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