Honolulu Birth Injury Lawyer

When welcoming a newborn, families anticipate joy, not the heartbreak of a birth injury. Birth injuries can result from various medical errors during the delivery process, leading to different conditions. These injuries often require extensive medical care and can have lifelong impacts on the child’s health and the family’s well-being.

If your child has suffered a birth injury, you don’t have to face this battle alone. Consult with Recovery Law Center today. Our Honolulu birth injury lawyers are here to answer your questions, explain your legal options, and help you take the first step toward justice and healing.

Why You Need a Honolulu Birth Injury Lawyer

Birth injuries can happen during the birthing process due to various reasons, including medical errors or negligence by medical professionals. These injuries can lead to lifelong challenges and require extensive medical care. When facing such situations, a Honolulu birth injury lawyer becomes essential.

A Honolulu birth injury lawyer specializes in helping families with the legal aspect of birth injury cases. These lawyers understand the legal process and can guide you through every step, from gathering medical records to filing a medical malpractice claim. They aim to ensure that your injured child receives the maximum compensation for medical expenses and future medical care.

Types of Birth Injuries

Knowing the different types of birth injuries is key to evaluating the specific conditions and deciding on a suitable legal course. These injuries often result from medical malpractice during childbirth, and each type has different consequences.

Cerebral Palsy

Cerebral palsy is a severe condition that can occur due to complications during labor and delivery. Medical negligence, such as not performing a timely cesarean section, can result in cerebral palsy. For instance, excessive pulling on the baby’s head during a prolonged delivery can cause significant and permanent brain damage, leading to cerebral palsy.

The impact of cerebral palsy on a child’s life may require lifelong medical care and support. Families affected by this condition often face emotional and financial burdens. That’s why knowing how medical negligence contributes to these outcomes is necessary for filing birth injury claims and obtaining the required compensation to cater to the child’s needs.

Brachial Plexus Injuries

Brachial plexus injuries are another serious type of birth injury that can occur during childbirth. These injuries affect the network of nerves controlling the shoulder, arm, and hand muscles. Improper use of delivery tools, such as forceps or vacuum extraction, can lead to brachial plexus injuries.

Additionally, conditions like shoulder dystocia, where the baby’s shoulder gets stuck during delivery, can result in these injuries if too much pressure is applied while pulling on the baby’s shoulders.

These injuries can cause long-term harm. For affected families, they may be eligible for compensation for medical treatments, such as physical therapy, surgery, and other related expenses.

Hypoxic Ischemic Encephalopathy (HIE)

Hypoxic Ischemic Encephalopathy (HIE) is a severe condition caused by a lack of oxygen to the brain during childbirth. This can occur due to medical errors, such as failing to prevent hypoxia or not recognizing and treating fetal distress in a timely manner. The consequences of HIE often lead to long-term developmental delays and neurological impairments.

Medical negligence is a major factor in HIE cases, underscoring the necessity for adequate monitoring and intervention during childbirth. Families impacted by HIE can seek legal remedies to secure compensation for the child’s extensive medical care and support needs. Recognizing the connection between medical errors and HIE forms the foundation of a birth injury claim.

Sepsis

Sepsis occurs when the body’s immune system releases toxic levels of chemicals into the bloodstream to combat infections. Sepsis can develop before or during delivery or in the baby’s first three months due to infections in the mother’s reproductive system or contact with environmental pathogens. Failing to diagnose and properly treat sepsis can lead to severe medical issues or death.

Wrongful death

Unavoidable conditions can lead to a baby’s death, but deaths caused by a healthcare professional’s negligence are usually preventable. Families place their trust in medical professionals to provide the highest standard of care, especially during childbirth. When this trust is broken due to negligence, the consequences can be devastating. Wrongful death in such cases not only results in unimaginable grief but also leaves families grappling with feelings of anger and betrayal.

Medical Malpractice and Birth Injuries

Medical malpractice occurs when healthcare professionals cause harm to a patient through negligence or substandard care. In the context of birth injuries, medical malpractice can happen before, during, or shortly after childbirth, affecting both the mother and the baby. These cases are among the most frequent medical negligence claims that lead to medical malpractice.

By holding medical professionals to account, these attorneys help safeguard that families receive the deserved compensation for harm resulting from negligence. As a result, birth injury attorneys can pursue a rightful claim on your behalf.

Common Causes of Medical Negligence

Common causes of medical negligence in birth injury cases include:

• Delays in performing C-sections
• Misuse of delivery tools
• Failure to address fetal distress

For example, delayed delivery can increase the risk of birth injuries. Thus, it requires actions like emergency cesarean sections. Additionally, improper use of forceps or vacuum extractors can lead to significant complications and injuries.

Other common causes include using too much force during delivery, especially in cases of shoulder dystocia, and failing to detect or treat maternal infections. Recognizing these common causes prevents future errors and ensures that families receive the compensation they deserve for the harm caused by medical negligence.

Proving Medical Negligence

To prove medical negligence, one needs to demonstrate that the healthcare provider’s care was below standard and directly resulted in harm. This process entails:

• Evidence acquisition, like medical records and witness testimonies
• Consulting with medical experts to confirm a breach of care standards
• Reviewing medical records to determine if there was medical negligence during the delivery process

Expert testimony is often used to demonstrate that the healthcare provider did not follow proper care standards. Experienced attorneys in Honolulu collaborate with medical specialists to evaluate claims and support lawsuits. Establishing a direct link between the breach of standard care and the birth injury is essential for proving medical negligence and securing compensation.

What Can Cause Birth Injuries?

Trained medical personnel supervising a pregnancy and birth must be aware of potential complications and be prepared to take immediate corrective actions. Negligent actions or omissions can cause birth injuries. There are several common reasons that birth injuries occur:

• Abnormal fetal presentation or umbilical cord prolapse
• Anesthesia or other medication errors
• Birthweight of 8 pounds or more
• Faulty or improperly used medical equipment
• Labor lasting over 18 hours or premature births

Several situations indicate that doctors should deliver the baby by Cesarean section. Failing to recommend a C-section or delaying an emergency C-section can endanger both the mother and child.

Physicians should monitor the mother and child throughout pregnancy, labor and delivery. Failing to detect maternal infections and conditions or fetal distress can cause birth injuries. Some of these conditions are:

• Abnormal fetal heartbeat
• Fetal developmental issues
• Gestational diabetes
• Placenta previa
• Preeclampsia

Various tests, medications and treatments during pregnancy can reduce the risk of these conditions causing birth injuries. Consult a Honolulu birth injury lawyer if you believe your medical team didn’t provide adequate care.

What Long-Term Complications Can Birth Injuries Lead To?

Birth injuries vary in severity and may cause temporary or permanent conditions, including but not limited to:

• Blindness or deafness
• Cognitive impairment and learning disabilities
• Developmental delays
• Nerve damage
• Paralysis

While many injuries are treatable, some may leave children with life-long health conditions. Serious birth injuries can also lead to death.

Who Is Responsible for Birth Injuries?

Depending on your specific situation, one or more of these parties may be liable for a birth injury:

• Anesthesiologists
• Doctors, midwives or nurses
• Hospitals
• Pharmaceutical or medical equipment companies

Your Honolulu birth injury lawyer will seek compensation from all parties contributing to the injuries.

What Damages Can You Obtain?

Birth injuries can lead to financial catastrophes and emotional trauma. If you have a valid medical malpractice claim, you may receive damages for things such as:

• Medical treatments and care
• Therapy
• Anxiety and depression

Your attorney from Recovery Law Center will seek all applicable damages from those responsible.

Compensation for Birth Injury Victims

In Hawaii, birth injury victims can pursue compensation for various damages, such as:

• Medical expenses
• Continued care costs
• Pain and suffering
• Lost earning potential

Medical Expenses

Compensation for birth injury victims can cover both immediate medical bills and long-term treatment costs. This includes expenses for:

• Emergency medical bills
• Intensive care
• Nursing care
• Follow-up doctor’s visits
• Future medical expenses, such as rehabilitation and mobility devices

All of these expenses are included in birth injury compensation.

Therapy costs for rehabilitation are a significant part of medical expenses compensation. For example, brachial plexus injuries may require treatments like physical therapy or surgery to repair nerve damage. Ensuring that all medical expenses are covered is vital for supporting the child’s recovery and ongoing care needs.

How to Start Your Birth Injury Claim

To start a birth injury claim, follow these steps:

1. Identify signs of birth injury in your newborn
2. Ensure your child receives appropriate medical care. Obtain and keep detailed medical records of all treatments and diagnoses related to the injury.
3. Seek a free consultation with a Honolulu birth injury lawyer or a Hawaii birth injury attorney. They can assess your case and advise on the next steps.
4. Your lawyer will investigate the circumstances of the injury, including reviewing medical records, consulting medical professionals, and identifying potential negligence.
5. If evidence suggests that medical errors caused the birth injury, your lawyer will file a medical malpractice claim against the responsible parties, such as doctors, nurses, or the hospital.
6. Your birth injury lawyer will negotiate with the defendants’ insurance companies for a fair settlement. They will take the case to court to ensure you receive maximum compensation if necessary.
7. Keep a detailed record of all medical expenses related to your child’s injuries, including future medical costs. This documentation supports your claim for financial compensation.
8. In some cases, expert testimony from medical professionals may be necessary to prove that negligence led to the birth injury.

Committed Legal Support for Families Facing Birth Injuries in Honolulu

Dealing with a birth injury can be overwhelming and emotionally taxing for families. Honolulu birth injury lawyers are dedicated to helping families with the legal process and seeking justice for their injured children. Birth injuries, such as cerebral palsy or brachial plexus injuries, often result from medical negligence, and pursuing a medical malpractice claim can help cover medical expenses and future care.

At Recovery Law Center, we are committed to providing dedicated support and legal assistance for birth injury claims. Our team of Hawaii birth injury lawyers offers a free consultation to discuss your case and explore your legal options. Don’t face this challenging time alone—schedule a consultation with us today and let our Honolulu birth injury attorneys guide you through the process and fight for the justice your family deserves.