Hawaii Injury Lawyer Blog

Psychological testing is commonly used in Hawai'i to establish the scope of a brain injury. The testing is performed by a licensed psychologist who administers numerous psychometric tests that assess a plaintiff’s ability to recall, recollect and process and information. The testing ordinarily lasts all day and can cause significant fatigue. Psychological testing is particularly important in cases involving a subtle brain injury. Often these plaintiffs will report complaints of short-term memory loss, impairment of executive function, and exhaustion from overworking the brain to process information that was formerly processed without difficulty. The “neuropsychometric tests” can elicit quantifiable information that supports the plaintiff’s contention of a brain injury. The testing is important in cases involving plaintiffs who, on the outside, appear to be fine; they walk, talk and otherwise seem to be cognitively intact to the casual observer. Often these types of plaintiffs are asked in litigation why they can’t return to work, or why they require attendant care. Neuropsychometric testing can identify specific processing problems and is a critical tool in proving the extent of any brain injury.

Birth injured children in Hawai'i who have sued their physician, nurse or midwife for negligently causing their birth injuries will need a life care plan to establish the extent of their future needs. The life care plan specifically identifies everything that the injured child will ever require in terms of hardware, therapies and attendant care. The life care plan is prepared by a rehabilitation physician often in coordination with a nurse. The physician and nurse will visit the child’s home, interview the parents and examine the child. They will prepare a written report detailing their findings that your attorney will use to prove your child’s damages.

Children may sustain brain injuries in the birthing process due to the negligence of their physician, nurse or midwife. If you, or someone you know, has a child with a brain injury from the birthing process, you should seek to have the records reviewed by an attorney who represents children in birth injury cases.