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When a child is harmed during pregnancy, labor, delivery, or shortly after birth, families are often left with painful questions. How did this happen? Could it have been prevented? What kind of care will my child need in the future? And who is responsible for the medical expenses, emotional trauma, and financial challenges that follow?

At Recovery Law Center, Attorney Glenn Honda helps families understand their legal options after serious injuries caused by negligence. With over 25 years of personal injury experience, Attorney Honda understands how devastating a birth injury can be for both the injured child and the entire family.

If your child suffered a preventable birth injury in Hawaii, a Hawaii birth injury lawyer can help investigate what happened, identify responsible parties, and pursue maximum compensation for your child’s care and future well-being. Contact Recovery Law Center today for a free consultation.

What Is a Birth Injury?

A birth injury is harm suffered by a baby before, during, or shortly after the birthing process. Some birth injuries are temporary, while others can result in lifelong medical conditions, permanent disability, or ongoing medical treatment.

A birth injury is different from a birth defect. A birth defect often develops before birth because of genetic, environmental, or developmental factors. A birth injury may occur because of medical errors, delayed treatment, excessive force, oxygen deprivation, or other negligent conduct during pregnancy, labor, delivery, or newborn care.

When a Difficult Delivery Becomes a Birth Injury Claim

Not every poor birth outcome amounts to medical malpractice. A birth injury claim usually turns on proof that a doctor, nurse, hospital, or other healthcare provider failed to meet the accepted standard of care and that the failure caused harm to the child or mother.

That distinction matters. Some birth injuries are linked to unavoidable complications. Others happen because medical professionals missed warning signs, delayed a necessary C-section, used excessive force, failed to respond to fetal distress, or did not act quickly enough when oxygen supply dropped. In those cases, a Hawaii birth injury attorney looks at how the injury occurred, what the medical records show, and which responsible parties may be liable.

Medical Errors That Commonly Lead to Birth Injuries

The labor and delivery process can change fast. When the medical staff fails to recognize those dangers or delays treatment, a child can suffer lasting harm. Common forms of medical negligence in birth injury cases include:

Delaying a necessary C-section during fetal distress, prolonged labor, or loss of oxygen supply
Misusing forceps or vacuum extraction, which can contribute to brain injury, skull trauma, or brachial plexus injuries
Failing to monitor fetal heart rate, maternal infection, or signs of shoulder dystocia
Failing to respond to umbilical cord problems, uterine rupture, or reduced oxygen flow during the birthing process

These mistakes can lead to serious injuries such as:

Cerebral palsy
Hypoxic ischemic
Encephalopathy
Traumatic brain injury
Permanent brain damage
Erb’s palsy
Other childbirth injuries

Some children improve with treatment. Others need ongoing care for life. That is one reason birth injury lawyers focus so closely on future medical expenses, therapy, adaptive equipment, and the child’s long-term well-being.

The Difference Between a Birth Injury and a Birth Defect

A birth injury is harm that happens to a baby during labor, delivery, or shortly after birth. A birth defect, also called a congenital anomaly, is a condition or structural difference that develops before birth, usually while the baby is forming in the womb. The simplest difference is timing and cause.

Category	Birth Injury	Birth Defect
When it happens	During labor, delivery, or immediately after birth	Before birth, during fetal development
Main cause	Physical trauma, oxygen deprivation, delivery complications, or medical complications	Genetics, chromosome changes, environmental exposures, infections, nutrition, or unknown causes
Examples	Brachial plexus injury, skull fracture, brain injury from lack of oxygen, cerebral palsy related to delivery complications	Cleft lip, congenital heart defect, spina bifida, clubfoot, Down syndrome
May involve medical negligence?	Sometimes, depending on whether proper care was provided	Usually not, unless preventable risks were missed or mishandled
Focus of diagnosis	What happened around delivery	How the baby developed before birth

Signs That a Hawaii Birth Injury Lawyer Will Examine Closely

Many birth injury victims are diagnosed after the hospital stay ends. Parents may notice developmental delays, feeding trouble, weakness on one side of the body, seizures, poor muscle control, or limited arm movement. In other cases, the problem is known right away because the baby needed resuscitation, had low Apgar scores, or was sent to the NICU after a difficult delivery process.

A lawyer handling Hawaii birth injury claims will often focus on:

Fetal distress and delayed action during labor
Records showing low oxygen levels, poor perfusion, or emergency intervention
A difficult delivery involving shoulder dystocia, excessive force, or vacuum or forceps use
Imaging, neurology findings, or later diagnoses such as cerebral palsy, HIE, or brachial plexus injuries

Those details help build the timeline. They also help show if the injury occurred because providers failed to act when a reasonably careful team would have done more.

Why Medical Records Often Decide the Case

Medical record folder with eyeglasses and scattered white pills beside an open prescription bottle

In birth injury lawsuits, medical records are usually the center of the case. They show what symptoms appeared, when providers noticed them, what orders were given, how long the response took, and what happened to the child after birth. A birth injury attorney may review fetal monitoring strips, nursing charting, labor notes, anesthesia records, operative reports, NICU records, radiology, and follow-up evaluations.

Medical records can also expose gaps. Missing chart entries, vague descriptions, or timing issues may raise concerns about events in the delivery room. In many medical malpractice cases, testimony from a qualified medical professional is needed to explain the standard of care, demonstrate how medical professionals departed from it, and connect that departure to the child’s injury. That is especially true in cases involving oxygen deprivation, brain damage, shoulder dystocia, or a delayed necessary C-section.

Personal Injury Compensation form above sa pair of glasses

Compensation Must Reflect More Than the First Hospital Bill

Birth injury claims are not limited to the cost of delivery. A child with permanent injuries may need years of therapy, specialist care, mobility support, home modifications, educational assistance, and repeated evaluations. A parent may lose income while managing appointments and care. The financial challenges can last for decades.

Depending on the facts, damages in Hawaii birth injury cases may include medical expenses already incurred, future medical expenses, ongoing treatment, rehabilitation, assistive devices, home care, and other expenses linked to the child’s injury.

In some cases, the claim may also include lost wages, reduced earning capacity, and compensation for pain, suffering, or loss of enjoyment of life, subject to Hawaii law. Families should not assume the first insurance response comes close to full value, especially where brain injury, cerebral palsy, or permanent brain damage is involved.

Hawaii Procedure Matters in Medical Malpractice Birth Injury Cases

Hawaii has a process that families should be aware of early. Under Chapter 671, medical tort claims generally must be submitted to a medical claim conciliation panel before suit can be filed in court. The panel reviews the claim and issues advisory findings on liability and damages.

Separately, Hawaii Revised Statutes section 657-7.3 sets the time limits for medical tort claims, including a discovery-based two-year period in many cases and outer limits that can apply depending on the facts.

That means delay can hurt more than evidence. It can affect filing rights. In birth injury cases, waiting also makes it harder to secure records, identify witnesses, and build a clear timeline while memories are still fresh. A Honolulu birth injury lawyer or Hawaii birth injury attorney should look at these timing rules right away because medical malpractice claims do not move on the same track as many other injury cases.

Top Personal Injury FAQs

How long do personal injury cases take?

This could take a couple of months. You do not want to settle your Hawaii accident injury case until after you have completed treatment because you want the settlement to take into account all of your injuries and bills. Your injury lawyer will order all of your medical records and bills and write out a summary of your treatment. All of these documents will then be sent to the other driver’s insurance company for their review. Assuming that the insurance company accepts liability for the collision, then they will most likely make a settlement offer to resolve your injury claim. Once your Hawaii accident lawyer receives the settlement offer, he will negotiate with the insurance company to get their offer as high as possible. He will continue the negotiation until the insurance adjustor indicates that they have reached their final offer and are no longer able to make any additional offers. If their offer is reasonable, then your personal injury attorney will recommend you take the offer. If the settlement offer is completely unreasonable, you will need to decide whether to take them to court, a process that can be very long, time consuming, and stressful.

Can I trust the insurance company adjuster on my personal injury case?

Insurance companies are in the business of making money and their employees are often directed to limit payouts and to deny liability whenever possible. Attorneys are advocates – which means that they have a professional obligation to represent you and your interests. Your case will not settle as quickly as it might if you handle matters on your own. With the guidance of an expert personal injury attorney from Recovery Law Center you would just need to submit information about your accident to the responsible insurance adjuster and a fair payment would be made to you that would cover your present and future medical expenses, lost time from work, and the pain, discomfort and limitations that you have as a result of your accident.

What should I do if injured during an accident in Honolulu, Hawaii?

Report the accident
Seek medical care immediately
Get the names and contact information of any witnesses
Take photos and notes
Do not sign anything or accept any payment from an insurance company
Get advice from and expert personal injury attorney in Honolulu, Hawaii

Most common mistakes you should avoid if you suffered from a Personal Injury in Honolulu, Hawaii.

Not get immediate medical treatment. Getting medical attention is the most important thing if you suffered injuries during an accident. It is also important for your injury claim to have proof of your injuries.
Not calling the police. The other party involved in the accident might ask you not to and convince you they will take care of all of the damage without getting the police or the insurance companies involved. Truth is, you will need a police report as evidence to prove that the accident happened.
Not following through with medical treatment. Medical records are vital for your case, in order to back up your injuries, if not, as far as the adjusters, your injuries never happened.
Not seeking guidance from an expert personal injury lawyer. The insurance companies will contact you and will want to take a recorded statement. You should get expert´s help when dealing with the insurance companies. A Hawaii licensed personal injury lawyer from Recovery Law Center has many years of experience with many cases and will get you a great settlement for your injuries.
Settling prematurely. You need to make sure your settlement includes the entire treatment you received. Your medical provider can provide you with the details even if the treatment needed extends for years. This information is important for adjusters to consider when offering a settlement.

Should I settle my personal injury case or take it to court?

As your advocate, your lawyer will negotiate with the insurance adjuster to get the best settlement. Your attorney will advice you when the last and best offer has been made. It will be your decision to settle or take it to court, to follow your attorney´s advice or file a complaint in court. If you decide for filing a complaint the insurance company hires a defense attorney, who are not usually interested in settling the case. The case will first go to arbitration and the arbitrator will decide the amount you deserve.

Get Clear Answers About Your Child’s Birth Injury

A birth injury claim is about more than assigning blame. It is about finding out what happened, preserving the truth in the records, and securing the support a child may need for years to come. At Recovery Law Center, we help families take that next step with clear guidance and a steady legal team. If your child may have suffered preventable harm during labor or delivery, contact us for a free consultation.

If you want a law firm that will do everything they can possibly to make it right for you Recovery Law Center is where it's at.

William Pratt

When I had an accident, attorney Glenn Honda took care of everything. Thank you.

Chanel Wong

LOVED working with these guys!! They made me feel like family from the minute I walked in the door. When things go wrong, these are the guys you want in your corner. In a world where it's hard to know who to trust, I am so glad I know Recovery Law Center. Thanks guys!!

Gigi Lee 12/10/2019

I was referred by a friend that I worked with at Aulani, A Disney Resort & Spa. I am beyond grateful that Glenn Honda from Recovery Law Center represented me & helped me with every single step & detail in my injury case. He & his legal team were so respectful, kind, & caring from the very beginning. Mr. Honda is the most genuine, patient, & hardest working Attorney that I have ever had in Hawaii. I was unfortunately hurt by a driver many years ago & the Attorney that helped me at that time did not fight for me. He was not consistent with his legal advice & counsel. I was just one of many clients & didn’t get the support needed in my case. In the end I was left with very little from the settlement. But with Mr. Honda, he not only is intelligent & knowledgeable in your case, he will fight for you & your family. He has the passion & tenacity to not give up until you have the best outcome for your case. He will look at every way possible to help you. He has the integrity needed & kept his word. He & his staff also took all the financial pressure off from the accident & the bills that came with it. They handled all the paperwork & were so supportive. Mr. Honda gave me many options of how he could help me in my specific case. He went above & beyond to achieve the best settlement offer for me & my family! I absolutely will always recommend him to my family, friends, & anyone needing help in an injury case. He & his team have exceptional service & if I ever need legal representation again in the future, he will definitely be the Attorney that represents me!

Deborah Au

I had the pleasure of working with Glenn and George at the Honolulu Pride event in Honolulu. They were an awesome team to work with and I would not hesitate to recommend them to a family member or friend if they ever needed a Personal Injury Attorney!

Sebastian Rodriguez

Compassionate Birth Injury Lawyers in Hawaii