Military & VA Medical Malpractice in Hawaii

How to File a VA Medical Malpractice Claim in Hawaii

Filing a medical malpractice claim against a VA facility in Hawaii requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here are the essential steps:

Step 1: Document Everything

Medical Records: Obtain copies of all relevant medical records from VA facilities and any private providers

• Request complete medical file through VA's Release of Information office
• Get imaging studies, lab results, and treatment notes
• Document timeline of care and when problems were discovered

Evidence Collection: Gather supporting documentation

• Take photographs of visible injuries or conditions
• Keep a detailed symptom and treatment diary
• Save all medical bills and receipts
• Record names of all healthcare providers involved

Step 2: Obtain Medical Expert Review

Expert Analysis: Have medical records reviewed by qualified healthcare professional

• Expert must determine if care fell below accepted standards
• Written opinion needed to establish negligence
• Expert should be qualified in same specialty as provider
• Must meet Hawaii's expert witness requirements under HRS § 671-12.5

Step 3: File Administrative Claim (SF-95)

Complete Form: Submit Standard Form 95 to VA Regional Office

• Include exact amount of damages claimed ("sum certain")
• Provide detailed description of incident and injuries
• Attach supporting medical documentation
• Must be filed within 2 years of incident (28 U.S.C. § 2401(b))

Proper Service: Send claim by certified mail with return receipt

• Keep copies of all submitted documents
• Document date claim was received by VA
• Follow up to confirm receipt if needed

Step 4: Agency Review Period

Wait Period: Allow VA six months to investigate

• Agency may request additional information
• Can settle claim, deny claim, or fail to respond
• No lawsuit can be filed during this period
• Document all communications with VA

Step 5: Federal Court Action

File Lawsuit: If claim denied or no response after 6 months

• Must file within 6 months of denial letter
• Case must be filed in U.S. District Court
• Requires experienced FTCA attorney
• Different rules apply than state court

Hawaii FTCA Claims: State Law Considerations

Statute of Limitations

Federal Deadline: FTCA requires claims within 2 years (28 U.S.C. § 2401(b))

• Starts when injury discovered or should have been discovered
• Not extended by state's longer deadlines
• Late claims barred regardless of merit

Discovery Rule: Federal courts apply Hawaii discovery rule

• Clock starts when patient discovers or should discover injury
• Must exercise reasonable diligence
• Fraudulent concealment may toll deadline

Hawaii Damage Caps

Non-Economic Damages: Hawaii caps pain and suffering at $375,000 (HRS § 663-8.7)

• Applies to medical malpractice cases
• Does not limit economic damages
• Cap adjusts periodically for inflation

Economic Damages: No cap on medical expenses or lost wages

• Full compensation available for financial losses
• Future care costs recoverable
• Lost earning capacity included

Expert Witness Requirements

Qualification Standards: Expert must meet Hawaii requirements

• Licensed physician in same specialty
• Active practice or teaching within 5 years
• Familiar with applicable standards of care

Certificate of Merit: Required under HRS § 671-12.5

• Must be filed with complaint
• Expert must review records
• Must state reasonable basis for claim
• Failure to file proper certificate may result in dismissal