Best Birth Injury Lawyers in Hawaii

About Birth Injury Law in Hawaii, United States

Birth injury law in Hawaii focuses on medical and legal issues resulting from injuries to a baby during the labor and delivery process. These injuries may stem from medical negligence, improper use of medical instruments, failure to monitor fetal distress, or other preventable errors. Birth injuries can lead to a lifetime of medical care, emotional distress, and significant financial burdens for the family. Hawaii’s laws provide legal mechanisms for families to seek compensation when a birth injury is caused by the negligence of a healthcare provider, hospital, or medical staff.

Why You May Need a Lawyer

Obtaining legal assistance after a birth injury can be vital for several reasons. An experienced birth injury lawyer can help you navigate the complex medical and legal system to determine if malpractice occurred. Families often need legal help in situations such as:

• Suspecting medical negligence during labor or delivery
• Diagnosing a child with conditions like cerebral palsy, Erb’s palsy, or other birth-related injuries
• Receiving insufficient or confusing explanations from medical staff about what happened
• Struggling to cover ongoing medical expenses related to a child’s care
• Experiencing emotional or psychological distress as a result of a preventable injury
• Being contacted by hospital administration or insurance companies with settlement offers

A lawyer ensures your rights are protected, helps collect vital evidence, guides you through the claims process, and works to recover appropriate compensation for the damages sustained.

Local Laws Overview

Hawaii’s laws regarding birth injuries include general medical malpractice statutes, as well as specific guidelines for healthcare providers. Key aspects include:

• Statute of Limitations: Hawaii law sets a time limit for filing a medical malpractice claim, generally two years from the date the injury was discovered or reasonably should have been discovered. However, claims must be brought within six years from the date of the alleged act of malpractice, regardless of discovery.
• Medical Inquiry and Conciliation Panel: Hawaii requires all potential medical malpractice claims, including birth injury cases, to first be presented to a Medical Claim Conciliation Panel (MCCP). The panel reviews evidence and may attempt to resolve disputes before the case enters court.
• Damage Caps: While there is no cap on economic damages (such as medical expenses), there is a $375,000 limit on non-economic damages (such as pain and suffering) in most medical malpractice cases in Hawaii, including birth injuries.
• Comparative Negligence: Hawaii follows a modified comparative negligence rule. If the plaintiff shares some of the blame, compensation may be reduced in proportion to their level of fault, but recovery is barred if the plaintiff is found to be 51 percent or more at fault.
• Expert Testimony: Birth injury lawsuits generally require expert witness testimony to establish the standard of care and how it was breached.

Frequently Asked Questions

What constitutes a birth injury under Hawaiian law?

A birth injury is any physical harm sustained by a baby (or mother) during pregnancy, labor, delivery, or shortly after, often due to preventable medical errors. Examples include brain injuries, nerve damage, fractures, and oxygen deprivation.

How do I know if malpractice caused my child’s injury?

A medical expert can review medical records and circumstances surrounding the injury to determine if healthcare providers deviated from the standard of care. A birth injury lawyer can arrange for such reviews.

What are common causes of birth injuries in Hawaii?

Common causes include failure to monitor fetal distress, improper use of forceps or vacuum extraction tools, delayed cesarean sections, medication errors, and lack of response to complications during labor.

What compensation can I recover in a birth injury lawsuit?

Families may be compensated for medical expenses, rehabilitation costs, future care needs, lost income, pain and suffering, and other damages related to the injury.

How long do I have to file a birth injury claim in Hawaii?

By law, you have two years from the date you discovered the injury, but no more than six years from the act of malpractice itself. Exceptions and tolling provisions may apply for minors or other special circumstances.

Do I have to go to court to resolve a birth injury dispute?

All claims start with the Medical Claim Conciliation Panel process, with opportunities for early settlement. If settlement is not achieved, the case can proceed to court.

What is the Medical Claim Conciliation Panel?

The Medical Claim Conciliation Panel is a mandatory review process in Hawaii that evaluates medical malpractice claims before they can be filed in court. The panel consists of one lawyer and two medical professionals.

Can I afford a birth injury lawyer?

Most birth injury lawyers work on a contingency fee, which means you pay nothing upfront and only owe legal fees if your case is successful.

Are there limits on what I can recover for pain and suffering?

Yes. Hawaii places a cap of $375,000 on non-economic damages, including pain and suffering, for most medical malpractice cases including birth injuries.

What should I do if a hospital or insurance company offers me a settlement?

Do not accept any settlement offers without consulting a qualified birth injury lawyer. Early offers may not reflect the full value of your claim and might limit your ability to seek additional compensation in the future.

Additional Resources

• Hawaii Department of Health for healthcare facility oversight and complaints.
• Hawaii Medical Board for information about licensed practitioners and filing complaints.
• Hawaii Disability Rights Center for advocacy and guidance regarding disability resources for children affected by birth injuries.
• Hawaii State Bar Association for attorney referrals and legal information.
• Local support groups and counseling services for families dealing with birth injury consequences.

Next Steps

If you suspect your child suffered a birth injury due to medical negligence in Hawaii, take the following steps:

• Gather all relevant medical records, notes, and communications from your healthcare providers.
• Consult an experienced birth injury lawyer as soon as possible for a free initial evaluation of your case.
• Avoid making statements or signing documents for hospitals or insurance companies without legal advice.
• Submit your claim to Hawaii’s Medical Claim Conciliation Panel as required by state law with the assistance of your lawyer.
• Stay informed about your options and don’t hesitate to seek support from resources or advocacy organizations.

Navigating birth injury law can be complex, but with the right legal support, you can work toward obtaining the justice and compensation your family deserves.