What Are The Requirements For A Birth Injury Lawsuit?
In any medical malpractice lawsuit, you and your legal counsel must prove that your healthcare provider’s negligence caused an injury. For birth injury cases, this means that your child’s injury would not have occurred if it weren’t for a mistake by a doctor, nurse, obstetrician, or other medical professional.
Basically, if your healthcare provider handled your pregnancy, labor, or delivery differently than another competent medical professional in the same field would have and an injury occurred as a result, you’d likely have grounds for a medical malpractice lawsuit in Hawaii.
Examples of medical negligence which could be grounds for a birth injury malpractice lawsuit include:
- Ordering a vaginal delivery when a c-section would be safer
- A delayed c-section resulting in birth complications
- Errors when using a vacuum extractor, forceps, or other delivery tool
- Failing to diagnose and treat a maternal health condition
- Failure to identify and treat a fetal health problem
- Prescribing medication with harmful side effects for the developing baby
In most cases, families won’t be aware of how exactly the birth injury occurred. Proving negligence usually involves a careful review of your case by both medical and legal professionals.
Hawaii Medical Malpractice Laws
Hawaii has their own set of laws and statutes which govern medical malpractice lawsuits. It’s good to be aware of these laws, but how they might apply to your case varies depending on specific circumstances.
Statute Of Limitations
The statute of limitations is a law that requires you to file your medical malpractice lawsuit by a certain deadline. This deadline is flexible, and varies depending on the unique circumstances of your case. If you plan on taking legal action, it’s best to do so as soon as you’re aware of your child’s injury.
Several states require victims of malpractice to meet certain pre-suit requirements before filing a lawsuit. This usually involves some sort of document from a medical expert in the same field as your healthcare provider, with the opinion that your child’s injury was the result of medical negligence. In Hawaii, you’re required to either file your case with a pre-trial screening panel or submit the case to arbitration.
This is a complex process, so it’s best to speak with an experienced Hawaii birth injury lawyer for assistance.
In some states, there are limits to the amount of financial compensation you can recover in a medical malpractice lawsuit. The specific rules for these caps vary widely between states. In Hawaii, pain and suffering damages are limited to $375,000 for all types of injury claims, including medical malpractice. However, all other damages (such as medical expenses, loss of quality of life, disfigurement, etc.) are uncapped, meaning there is no limit to the compensation you can recover.
Common Complications From Birth Injuries
Birth injuries can result in a wide range of health problems, including several that are debilitating and permanent. Some of the most common birth injuries that require financial compensation include:
If your child is suffering from any of these conditions or another birth injury, we’re here to help you explore your legal options.
Legal Options For Victims Of Birth Injuries
When parents find out about a serious birth injury, they tend to worry about their child’s future. These children require a great deal of medical treatment, care, and attention, and the emotional and financial costs can add up quickly. No family should be forced to keep up with these costs on their own, especially when medical negligence is to blame.
Our Hawaii birth injury lawyers take pride in helping families in this position. Children with birth injuries deserve to live as comfortably as their peers, and this is only possible if they have the right support system. We help these families in Honolulu, Pearl City, Hilo, and throughout the Hawaiian islands by building strong medical malpractice cases that lead to settlements or court victories.
If you’re thinking about taking legal action and aren’t sure where to start, contact us today for a free consultation. You can determine if you have a case with no obligation, and will only be billed at the end of your case if we help you secure financial compensation.