Hawaii Birth Injury Lawyer

Cases Hawaii Birth Injury Lawyers Handle

A birth injury may happen during pregnancy, childbirth, or in the period immediately after delivery. Some injuries occur despite appropriate medical care, but others result from a preventable mistake or delayed response by a health care provider.

Our Hawaii birth injury lawyers can investigate your child’s medical care and determine whether negligence may have caused or contributed to their injury.

Birth injury cases our attorneys often handle include:

• Birth asphyxia
• Bleeding in the brain
• Brachial plexus injury
• Brain damage or swelling
• Cephalohematoma (accumulation of blood above the skull but under the scalp)
• Cerebral palsy (CP)
• Erb’s palsy
• Facial nerve injury or paralysis
• Fetal distress
• Hypoxic-ischemic encephalopathy or HIE (when the brain doesn’t receive enough oxygen or blood flow)
• Injuries from forceps or vacuum extraction
• Intracranial hemorrhages
• Jaundice and kernicterus (brain damage from untreated jaundice)
• Necrotizing enterocolitis (NEC)
• Nerve damage
• Shoulder dystocia (when one or both of the baby’s shoulders get stuck in the mother’s pelvis during delivery)
• Skull fractures or bone fractures
• Spinal cord injuries
• Stillbirths and wrongful death
• Umbilical cord strangulation

The effects of a birth injury depend on the type and severity of harm a child experienced. While some injuries may improve with treatment, serious conditions may require a lifetime of medical care, therapy, and help with daily activities.

“Our baby developed severe jaundice after birth. Their condition worsened, resulting in CP and brain damage that caused developmental delays. Sokolove Law offered compassionate and thorough support, helping us seek justice and investigate what went wrong.”
– Parent & Firm Client

If you suspect your child’s injury could have been prevented with proper medical care, our Hawaii birth injury attorneys can investigate what happened and help your family pursue justice and compensation.

Let Sokolove Law Fight for You

Since 1979, Sokolove Law has secured over $1.1 Billion for families affected by birth injuries.

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When a Birth Injury May Be Medical Malpractice

Doctors, nurses, and other health care professionals must provide care that meets accepted medical standards. When they fail to do so, a preventable mistake may cause serious harm to a baby.

A birth injury may be considered medical malpractice when physicians fail to notice an emerging complication, respond too slowly when a baby is in distress, or make an error during delivery.

Examples of negligence that may cause or contribute to a birth injury include:

• Applying excessive force during delivery
• Failing to recognize or manage pregnancy and delivery risk factors
• Misdiagnosing or failing to diagnose a serious condition
• Missing or failing to respond appropriately to fetal distress
• Misusing forceps or vacuum extractors
• Waiting too long to perform a medically necessary C-section

Determining whether a medical mistake amounts to malpractice often requires looking closely at the care provided and what a qualified medical professional would have done under the same circumstances.

Sokolove Law has registered nurses on staff who can listen to your experience, help make sense of complicated medical information, and identify warning signs that your child may not have received appropriate care.

“Sometimes so much is happening that you don't get an explanation as to what is going on or what different things mean, different phrases, different terms, different tests.”
– Beth Carter, Registered Nurse with Sokolove Law

A Hawaii birth injury attorney can investigate further and determine whether you may have grounds for a medical malpractice claim. Call (800) 995-1212 now for a free case review with our team.

Can My Family File a Hawaii Birth Injury Lawsuit?

Your family may be able to file a Hawaii birth injury lawsuit if a doctor, hospital, or other health care provider made a preventable medical error that caused or contributed to your child’s injury.

Generally, a birth injury claim must show that:

• A health care provider was responsible for your care or your baby’s care
• The provider failed to give proper care
• That failure caused or contributed to your child’s injury
• Your child or family suffered harm as a result

Medical records, fetal monitoring strips, delivery notes, test results, and expert opinions can help determine whether the care provided fell below an acceptable standard.

Our Hawaii birth injury attorneys can review this evidence, identify who may be responsible, and determine whether your family has grounds to pursue compensation.

Hawaii Birth Injury Statute of Limitations

The Hawaii birth injury statute of limitations generally requires medical malpractice claims to be filed within 2 years after the injury is discovered or reasonably should have been discovered, and no more than 6 years after the alleged medical error (HRS § 657-7.3).

If a birth injury results in a child’s death, Hawaii’s wrongful death law generally requires a lawsuit to be filed within 2 years of the date of death (HRS § 663-3).

Hawaii has special rules for injured children. A claim involving a minor generally must be filed within 6 years of the alleged wrongful act. If the child is under age 10, the deadline is 6 years from the wrongful act or the child’s 10th birthday, whichever allows more time.

However, certain circumstances may also pause these deadlines. Because the deadline can depend on the child’s age and the circumstances of the case, families should speak with a Hawaii birth injury lawyer as soon as possible.

Steps to File a Hawaii Birth Injury Lawsuit

Filing a Hawaii birth injury lawsuit involves investigating your child’s medical care, gathering evidence of negligence, meeting Hawaii’s requirements for medical malpractice claims, and pursuing compensation from those responsible.

Hawaii birth injury lawsuits generally involve:

• Reaching out to an experienced Hawaii birth injury lawyer
• Collecting medical records, expert opinions, and other supporting evidence
• Identifying the health care providers or facilities that may be responsible
• Filing the lawsuit within Hawaii's statute of limitations
• Negotiating with the defendants and their insurers for an out-of-court settlement
• Taking the case to trial if a settlement is unable to be reached

Our Hawaii birth injury attorneys can handle each step of the process for you, so you can focus on providing the care and support your child needs.

1. Get a Hawaii Birth Injury Lawyer Consultation

The process starts with a free, no-obligation case review. Our team will listen to what happened during your pregnancy, labor, and delivery and ask questions about your child’s injury.

If your family may have a case, we can begin investigating whether a medical mistake caused or contributed to your child’s condition.

2. We’ll Gather Evidence of Malpractice

Your birth injury lawyer in Hawaii can obtain and review evidence that may help show what went wrong.

This evidence may include: 

• Medical records
• Fetal monitoring strips
• Hospital documentation
• Other information about the care you and your baby received

We may also work with medical experts to determine whether a doctor, nurse, hospital, or other provider failed to meet the appropriate standard of care.

“Our team talks with families to determine what happened. We work closely with our experts who will form opinions on that, and then we present that evidence to whoever the defendants are.”
– Ricky LeBlanc, Managing Attorney of Sokolove Law

3. We’ll File Your Hawaii Birth Injury Claim

Hawaii generally requires medical malpractice claims to first be submitted to the Medical Inquiry and Conciliation Panel (MICP) before a lawsuit can be filed in court. The process gives the parties an opportunity to reach an out-of-court settlement.

Our team can prepare and submit your Hawaii birth injury claim, present evidence supporting your case, and handle communications with the health care providers and their insurers.

If the claim cannot be resolved through this process, we can take the necessary steps to move your case forward in court. Throughout the process, we will handle the legal paperwork and ensure your claim is filed within any deadlines.

4. Your Family Secures Birth Injury Compensation

Our Hawaii birth injury lawyers will pursue a settlement that accounts for the impact the injury has had, and may continue to have, on your child and family.

Compensation may help cover medical treatment, therapy, specialized equipment, assistive care, and other current and future needs. If those responsible refuse to offer a fair settlement, our attorneys are prepared to take the case to trial.

Our Past Hawaii Birth Injury Settlements and Verdicts

Compensation from a Hawaii birth injury lawsuit can help families pay for the immediate and long-term costs associated with a child’s injury.

Sokolove Law has secured over $1.1 Billion total for families affected by birth injuries across the country, providing financial support and peace of mind.

Some of our past birth injury settlements and verdicts include:

• $16.5 Million for the family of a child with cerebral palsy
• $7.8 Million to a child who developed CP from a birth injury
• $6 Million for the family of a child with CP brain injury
• $5 Million to a child who suffered brain damage during delivery
• Over $2 Million for a child with brachial plexus nerve damage
• $2.85 Million to a woman whose daughter developed cerebral palsy
• $5.1 Million for a child who experienced birth asphyxia
• $7.5 Million to a child with cerebral palsy
• $7.25 Million for a child with HIE and CP
• $4.5 Million to a child with Erb’s palsy
• $4.1 Million for a child who suffered umbilical cord strangulation and fetal distress
• $8 Million to a child with a vacuum extractor injury
• Over $10.4 Million for the family of a child with cerebral palsy

Hawaii law limits damages for pain and suffering to $375,000 in most cases (HRS § 663-8.7). Other damages may cover losses such as medical expenses, assistive equipment, long-term care, and a child’s reduced future earning capacity.

Every birth injury case is different, and past results do not guarantee a particular outcome. Our Hawaii birth injury attorneys can evaluate the full impact of your child’s injury and fight for the compensation your family is entitled to.

What Can a Hawaii Birth Injury Settlement Pay For?

A Hawaii birth injury settlement may help cover both the immediate expenses associated with your child’s injury and the costs your family may face in the years ahead.

Depending on your child’s needs, compensation may help pay for:

• Assistive technology and communication devices
• Home or vehicle modifications
• In-home or long-term care
• Medical treatment and hospital stays
• Pain and suffering, subject to Hawaii law
• Physical, occupational, and speech therapy
• Special education and support services
• Surgeries and medications
• Wheelchairs, mobility aids, and other medical equipment

Some birth injuries can affect a child for the rest of their life. Our Hawaii birth injury attorneys can work with medical and financial experts to calculate the potential lifetime costs of an injury and fight for a settlement that reflects your child’s needs.

What Does a Birth Injury Attorney in Hawaii Do?

A birth injury attorney in Hawaii serves as your family’s advocate throughout the legal process. They can help you understand what went wrong, explain your rights, and make informed decisions about what to do next.

The best Hawaii birth injury lawyers can help:

• Answer your legal questions: Birth injury cases can be overwhelming. Your attorney can explain your options, what to expect, and how Hawaii law may affect your case.
• Determine if negligence occurred: Your lawyer can evaluate the circumstances surrounding your child’s injury and work with medical professionals to identify potential errors in care.
• Identify who may be responsible: Depending on what happened, one or more doctors, nurses, hospitals, or other health care providers may be responsible for your child’s injuries.
• Protect your right to file: Hawaii has specific deadlines and requirements for medical malpractice claims. Your attorney can determine which rules apply and help protect your family’s right to take legal action.
• Understand your child’s future needs: A lawyer can consider how the injury may affect your child’s medical care, therapy, education, mobility, ability to work, and independence over their lifetime.
• Handle the legal work for you: Your attorney can manage communications, paperwork, deadlines, and other legal responsibilities so your family can focus on your child.

Sokolove Law has helped families affected by birth injuries for more than 45 years. Our Hawaii birth injury attorneys can guide you through your legal options and fight for your child’s future.

How Much Does a Hawaii Birth Injury Lawyer Cost?

There are no upfront costs or hourly fees to work with a Hawaii birth injury lawyer at Sokolove Law. We handle birth injury cases on a contingency-fee basis, meaning we only get paid if we secure compensation for your family.

It also costs nothing to find out if you may have a case. A legal consultation with our team is free and comes with no obligation to move forward.

Hawaii Birth Injury Lawsuit News & Updates

Court rulings and changes to Hawaii medical malpractice laws may affect families considering a birth injury claim.

New developments can influence how courts apply filing deadlines, the requirements families must meet before filing a lawsuit, and the evidence needed to establish medical negligence. Learn more about Hawaii birth injury lawsuits and legal news.

$38 Million Hawaii Birth Injury Settlement

The Hawaii parents of a child who suffered permanent brain damage during a 2018 birth at Tripler Army Medical Center in Honolulu reached a $38 Million birth injury settlement with the federal government.

The family alleged that medical staff failed to perform a C-section quickly enough, causing their baby to experience oxygen deprivation.

Their son was later diagnosed with CP, experiences seizures, and requires ongoing speech, physical, and occupational therapy, according to reports. The money will be paid over the child’s lifetime to help address his significant care needs.

$10 Million Hawaii Birth Injury Lawsuit Settlement

The federal government agreed to a $10 Million Hawaii birth injury settlement with a woman who alleged that staff at Tripler Army Medical Center in Honolulu failed to recognize and promptly treat signs of infection after she was admitted to give birth.

According to the lawsuit, the woman experienced an elevated heart rate, fever, and other symptoms before and after delivery. She later developed septic shock, respiratory failure, and permanent kidney damage.

She eventually had her gallbladder removed and underwent a kidney transplant. She filed a lawsuit under the Federal Tort Claims Act later that year, alleging negligent medical care and other claims.

Hawaii Birth Injury Lawsuit Alleges Midwife Botched Home Delivery

The mother of a 2-year-old Hawaii boy who suffered a severe brain injury during childbirth filed a lawsuit alleging that the midwife who supervised his home birth failed to provide appropriate care.

The lawsuit alleged that the midwife didn't arrive until 2 days after the mother’s contractions began and failed to use a fetal heart monitor to detect that the baby was in respiratory distress. The child was later unable to walk or sit up independently.

"When you deliver a baby, the supervisor doctor or naturopath cannot be 80 percent right or 90 percent right, they need to be 100 percent correct."
– Hawaii Birth Injury Lawyer

The case also raised concerns about oversight of natural childbirth and midwifery in Hawaii, with state lawmakers calling for stronger regulation of those who assist with home births.

Compensation from a birth injury lawsuit can help families pay for medical care, therapy, assistive equipment, and other expenses related to a child’s long-term needs.

Let Top Birth Injury Lawyers in Hawaii Fight for You

A birth injury can affect nearly every part of your child’s future, from medical care to mobility and independence. If you believe a medical mistake caused your child harm, Sokolove Law can help you find answers and determine what to do next.

Our birth injury lawyers in Hawaii can investigate your child’s care, identify signs of medical negligence, and fight to hold responsible health care providers accountable.

With more than 45 years of experience and over $1.1 Billion total secured for families affected by birth injuries, we have the resources to take on complex birth injury cases while your family focuses on your child.

Call (800) 995-1212 now or fill out our contact form to get started with a free, no-obligation case review. Our team is available 24/7, and there are no upfront costs to get started.

Hawaii Birth Injury Attorney FAQs