Child Birth Injury in Hawaii
Do you know the most common forms of medical malpractice during childbirth? Furthermore, do you understand which state or federal laws apply to a lawsuit?
There are several moving parts to any litigation over a traumatic birth in Hawaii. Thankfully, you do not have to know each detail to seek justice. Hiring a highly-qualified attorney in your area will give you the representation you desperately need.
Accordingly, we have created this guide to help you better understand your situation and legal options. Giving yourself a few minutes during this trying time could make a lifetime difference for your family.
What Causes a Childbirth Injury?
While enduring delivery, was a medical professional negligent towards you and did damage occur as a result? If so, affected parents have a chance of bringing a medical malpractice lawsuit for compensation in Hawaii.
During the labor and delivery process, timing and action are two crucial elements. Sometimes an infant suffers a birth injury. This can mean that a medical practitioner either made a poor judgment call or failed to act appropriately. However, if the Hawaii medical provider’s actions go against the standard of care, then it may fit the legal definition of negligence.
To prove birth injury, negligence must have a direct connection to the damage. One of the most unfortunate elements of childbirth injury is not discovering the effects right away. Some injuries are discernible immediately after they happen. However, things that affect the brain may not be evident until developmental milestones come, and are not reached.
Notably, juries in Hawaii have awarded heavy verdicts to families that suffer childbirth injuries. For instance, KHON2 reported on a $15 million judgment for a delayed c-section in 2022.
Even further, there are quite a few scenarios that may cause a child to sustain an injury while being born in Hawaii. One of the following examples may apply to your circumstances.
Improper Vacuum Usage
Sometimes a mother has difficulties delivering a baby through the birth canal. Hawaii medical professionals may intervene and use a vacuum to assist. The machine is a standard instrument that can help suction the baby down and out of the birth canal. The vacuum attaches to the baby’s head or shoulders. Nurses and doctors are responsible for placing it appropriately. However, sometimes the vacuum is not attached where it should be. This error can cause severe injury to the mother and the infant during childbirth.
Improper Use of Forceps
When a mother faces complications during delivery, medical professionals may need to explore additional options to assist. For instance, if the baby is improperly positioned in the womb, forceps can be used to help guide the baby through the birth canal. When used correctly, forceps can reduce oxygen deprivation and lower the risk of fetal distress, which can help prevent serious birth injuries.
However, forceps must be used with extreme caution. Improper use can lead to severe head injuries or even nerve damage in the baby’s neck and chest. Medical professionals must exercise precise care to avoid these potentially life-altering outcomes.
Hypoxia
Hypoxia is a medical condition that occurs when the brain of a baby is not receiving enough oxygen. The most common cause before and during delivery is the umbilical cord becoming tangled around the baby’s neck.
This condition often occurs due to a damaged or infected placenta. Thankfully, most Hawaii medical professionals can identify hypoxia well in advance. As a result, they can intercede to eliminate the chances of the infant or the mother facing harm.
However, if the professional medical staff does not take action quickly enough, asphyxiation may occur. This can result in causing a child to develop severe physical or mental disabilities. Accordingly, medical staff may be liable for any damages that happened.
Cesarean Section Delay
An emergency C-section may be necessary due to an infant’s fetal distress. This medical event occurs when the heartbeat of the infant drops because of the mother’s blood pressure. In addition, this condition can happen when there is a placental abruption or other breathing difficulties.
In truth, there are several reasons why a doctor may perform a C-section. For example, the baby could be in the wrong position or fail to descend into the birth canal. Another qualifying situation is when the mother has labored without dilation.
In these and other circumstances, the doctor may determine whether this procedure needs to happen. It may be the only way to safely birth the baby without further damage. But, the medical staff may wait too long to perform a cesarean. If so, the consequences for mother and child could be quite grave.
What Are Some Other Possible Causes of Childbirth Injury in Hawaii?
Other types of medical neglect that could result in injuries to the child or the birth mother include:
- Failing to perform sufficient prenatal testing
- Not using labor-inducing drugs timely
- Failing to diagnose or treat infections, umbilical cord entrapment, placental abruption, premature rupture of the membranes or placenta previa
- Not addressing changes in the baby’s condition
Cerebral Palsy
Cerebral Palsy is typically a condition caused by damage to a developing brain. The result is a lack of coordination or awareness of their muscles. This lack of control can create a wide range of symptoms and different levels of care.
The CDC reports that 1 in 345 children born in the U.S. has a CP diagnosis. The risk of developing it starts during pregnancy. However, negligence on the part of obstetricians in Hawaii can exacerbate or even cause it.
Erb’s Palsy
Erb’s Palsy is often an unfortunate side effect of a problematic childbirth. In particular, it can be most prominent when the baby’s shoulder becomes trapped. Minor cases can resolve themselves with little to no lifelong consequences. But, using too much force to get the infant out of the birth canal can cause severe problems later in life.
The National Library of Medicine defines Erb’s Palsy as a common childbirth injury. It can result in arm weakness in a range of .4 to 5 per 10,000 live births in Hawaii. If you believe your child’s problems are due to negligence, you should receive compensation for the care that will become necessary.
Spinal Cord Injuries
Spinal cord injuries during childbirth are comparatively rare compared to others. Nonetheless, when it occurs, there are significant health implications. A lifelong disability or death are real possibilities, especially during troublesome births. Other catastrophic problems can include:
- Limb paralysis
- Swallowing dysfunction
- Insufficient respiratory function
Why Should You Take Action for Your Child Birth Injury?
It is essential that any parent whose child has been diagnosed with a birth injury in Hawaii, take action to seek financial compensation. The most practical reason to pursue a childbirth injury lawsuit is to protect your financial future. A child and their mother may have to deal with a lifetime of setbacks and disabilities. The costs for treatment, medical equipment, and medications can overwhelm your budget quickly. As well, the trajectory of your life or your child’s can depend on pursuing civil action.
Moreover, data from the last few years shows a steady increase in the infant mortality rate in Hawaii. The average at the time of writing is 14.9 deaths per 100,000 live births. Regardless of the severity of your situation, the lifelong effects of a childbirth injury should not be your burden alone.
Work With an Experienced Local Child Birth Injury Lawyer in Hawaii
If you expect birth injury medical malpractice in Hawaii, you should take action. Cases can vary sharply depending on the state in which the injury occurs. Find a local child birth injury lawyer to navigate the often difficult waters of birth injury lawsuits. We can even help you connect with an attorney across Hawaii state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.
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