Hawaii VA & Military Wrongful Death Malpractice Attorneys

Preventable deaths at Hawaii's VA medical centers and military hospitals compound the tragedy for grieving families. Wrongful death from medical negligence is the healthcare system's gravest failure, leaving families without a chance to say goodbye while facing emotional and financial hardship.

Hawaii Revised Statutes § 663-3, the state's wrongful death statute, allows families to seek compensation for deaths caused by medical malpractice. At the Archuleta Law Firm, our founding attorney's unique background as both a licensed attorney and medical doctor provides unparalleled insight into wrongful death cases, allowing us to identify medical negligence that other attorneys might miss.

If you've lost a loved one due to suspected medical negligence at a Hawaii VA or military facility, the Federal Tort Claims Act (FTCA) grants you legal rights. However, the FTCA imposes strict deadlines—you have only two years to file an administrative claim and just six months after denial to file a federal lawsuit.

• Failure to Diagnose Heart Attack or Stroke: Emergency room staff who misinterpret symptoms or fail to order appropriate diagnostic tests may cause patient deaths from treatable conditions.

• Medication Errors and Drug Interactions: Wrong medications, incorrect dosages, or unchecked drug interactions can cause fatal reactions, especially in elderly veterans with multiple prescriptions.

• Post-Surgical Complications: If medical staff fail to monitor post-surgical patients for infection, internal bleeding, or organ failure, unrecognized and untreated complications may lead to preventable deaths.

• Delayed Treatment of Sepsis: When medical staff fail to recognize the early warning signs of sepsis or delay antibiotic treatment, this life-threatening condition can progress rapidly to septic shock and death.

• Anesthesia Errors: Improper administration of anesthesia, failure to monitor vital signs during surgery, or inadequate pre-operative assessment can result in cardiac arrest, brain damage, and death.

• Emergency Room Negligence: Failing to properly triage patients, dismissing serious symptoms, or discharging patients who require immediate treatment can lead to preventable deaths from treatable conditions.

We represent families in wrongful death cases birth injury cases at Hawaii's major federal medical facilities, where complex medical conditions and high patient volumes can sometimes lead to tragic errors in care.

Major Hawaii Federal Medical Facilities:

• VA Pacific Islands Health Care System, Honolulu - The primary VA medical center serving veterans across the Pacific, where wrongful deaths may occur due to delayed diagnosis or inadequate monitoring of high-risk patients.

• Tripler Army Medical Center, Honolulu - The largest military hospital in the Pacific region, where surgical complications and emergency room errors can lead to preventable deaths.

• Naval Health Clinic Hawaii, Pearl Harbor - Serving active duty personnel and their families, where medication errors and failure to diagnose serious conditions have resulted in wrongful deaths.

• Schofield Barracks Medical Clinic - Where inadequate emergency care and delayed referrals to higher levels of care can prove fatal for service members with serious medical conditions.

View all Hawaii VA & Military Facilities

• Your loved one's condition was treatable or manageable, but they died after receiving medical care at a federal facility
• Medical staff ignored or dismissed obvious symptoms of a serious condition like chest pain, shortness of breath, or severe headaches
• There were significant delays in diagnosis, treatment, or emergency response that may have contributed to the death
• Your loved one received the wrong medication or incorrect dosage shortly before their death
• Post-surgical complications went unrecognized or untreated, leading to infection, bleeding, or organ failure
• Emergency room staff discharged your loved one despite serious symptoms, and they died shortly after leaving the hospital
• Medical records show inconsistencies, missing documentation, or evidence that standard protocols were not followed

Economic Damages

Under Hawaii's wrongful death statute, families can recover significant economic losses resulting from their loved one's death. These include lost wages and benefits the deceased would have earned over their lifetime, which for younger victims can exceed $1 million. Medical expenses from the final illness or injury are recoverable by the estate, along with reasonable funeral and burial costs. For veterans and military personnel, this includes lost military retirement benefits, VA disability compensation, and health insurance coverage that surviving family members depended upon.

Non-Economic Damages

Hawaii law recognizes the profound emotional impact of wrongful death on surviving family members. Recoverable non-economic damages include loss of companionship, care, and emotional support that the deceased provided to their spouse and children. Parents can recover for the loss of filial care and attention, while children can seek compensation for the loss of parental guidance, training, and education. The emotional distress and mental anguish suffered by surviving family members is also compensable under Hawaii law.

Under Hawaii Revised Statutes § 663-3, damages for loss of care, companionship, and guidance are distributed directly to surviving family members rather than becoming part of the deceased's estate. This protects these damages from creditors and ensures they reach the intended beneficiaries. Hawaii does not impose damage caps on wrongful death cases, unlike some states that limit non-economic damages. When pursuing FTCA claims, federal courts apply Hawaii's substantive damage law, meaning the same types of compensation available in state court wrongful death cases are generally available in federal FTCA claims.

Statute of Limitations

Under the Federal Tort Claims Act (28 U.S.C. § 2675), families must file an administrative claim within two years of the death or discovery of the negligence that caused it. This deadline aligns with Hawaii's wrongful death statute (Hawaii Revised Statutes § 663-3), which also requires filing within two years from the date of death. However, the FTCA imposes an additional strict requirement: after the federal agency denies your administrative claim, you have only six months to file a lawsuit in federal court.

Expert Witness Requirements

Hawaii medical malpractice cases, including wrongful death claims, typically require expert medical testimony to establish the standard of care and how it was breached. The expert must be qualified in the same medical specialty as the defendant and familiar with the applicable standard of care. In FTCA cases, this means having experts who understand both civilian medical standards and the unique protocols used in VA and military medical facilities.

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

Under Hawaii law (Hawaii Revised Statutes § 663-3), wrongful death claims must be filed within two years from the date of death. For FTCA claims against VA or military hospitals, you must file an administrative claim within two years, then have only six months after denial to file a federal lawsuit.

Hawaii allows recovery of both economic damages (lost income, medical expenses, funeral costs) and non-economic damages (loss of companionship, care, and guidance). Unlike some states, Hawaii does not cap wrongful death damages, and compensation for loss of companionship goes directly to family members rather than the estate.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligence by military medical personnel. The claim is filed against the government, not the individual healthcare providers.

Yes, wrongful death cases typically require expert medical testimony to prove the standard of care was breached. The expert must be qualified in the relevant medical specialty and familiar with the standards applicable to the type of facility where the death occurred.

FTCA wrongful death cases typically take 18-36 months from filing the administrative claim to resolution. The federal agency has six months to investigate your administrative claim, and if denied, federal court litigation can take an additional 1-2 years depending on case complexity.

Hawaii follows a comparative fault system, meaning compensation may be reduced if the deceased contributed to their own death through their actions. However, this rarely applies in hospital wrongful death cases where patients are following medical advice and relying on professional care.

Recent changes to federal law, including provisions in the National Defense Authorization Act, have expanded the ability of active duty families to file certain wrongful death claims against the military for medical malpractice, though specific eligibility requirements apply.

Our firm handles FTCA wrongful death cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for your family. This ensures access to experienced legal representation regardless of your financial situation.

When you or a loved one has suffered preventable deaths due to medical negligence at VA and military hospitals 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 Wrongful Death 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 Wrongful Death 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 Wrongful Death takes on families. Our team is here to support you through every step of the legal process.

If you or a loved one suffered preventable deaths due to medical negligence at VA and military hospitals 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 Wrongful Death victims. Our Hawaii Wrongful Death 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 Brain Injury Cases

Wrongful Death Resources

• Wrongful Death Lawyers (Nationwide) - General Wrongful Death 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've lost a loved one due to negligent medical care at a VA facility or military hospital in Hawaii, you have the right to pursue a wrongful death claim under the Federal Tort Claims Act (FTCA). However, these cases have strict deadlines and requirements that you must follow carefully. You have two years from the date of death or when you reasonably should have known about the negligence to file your administrative claim using Standard Form 95. Once you submit this claim, the federal agency has six months to investigate and respond.

Having an attorney who is also a licensed medical doctor can be invaluable for military and veteran FTCA wrongful death cases in Hawaii. These cases often involve complex medical issues that require deep clinical knowledge to prove negligence occurred. A doctor-attorney can more effectively review medical records, identify deviations from the standard of care, and explain complicated medical concepts to judges and juries. This dual expertise helps build stronger cases and often leads to better outcomes for military families.

Under the FTCA, you may be entitled to recover several types of damages. These can include medical expenses incurred before death, funeral and burial costs, loss of future earnings and benefits, and loss of companionship. In Hawaii, surviving family members may also recover damages for mental anguish and emotional distress. While no amount of money can truly compensate for your loss, these damages can help provide financial security and hold negligent parties accountable.

If you're considering an FTCA wrongful death claim in Hawaii, it's crucial to get expert legal guidance as soon as possible. Many experienced military medical malpractice attorneys offer free initial consultations to evaluate your case and explain your rights. During this consultation, you can learn about the strength of your claim, potential compensation, and the next steps in the legal process. Don't let important deadlines pass - contact a qualified doctor-attorney today to discuss your case and protect your family's rights under the FTCA. Most firms handle these cases on a contingency fee basis, meaning you pay nothing unless they win your case.

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