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Medical Malpractice: When Childbirth Goes Wrong and Injuries Result

In the main, pregnancy, labor and the birth of a child are rewarding and fulfilling. Even under the best of circumstances, however, it can be frightening simply because of the potential for things to go wrong, and most all parents are anxious, especially first-time parents. These parents depend on medical professionals to guide them through this stressful time.

In some circumstances, the birth process does not go precisely as planned, and problems occur. The inexperience of a relatively new doctor or lack of attention to the mother and baby can result in mistakes. Doctors have a legal obligation to adhere to the medical standards of care to protect babies and mothers. When mistakes are made, the following medical problems can result:

  • Delays in normal development
  • Cerebral palsy
  • Bone fractures
  • Facial paralysis
  • Shoulder dislocation
  • Sepsis
  • Placenta previa

Even the most minor birth injuries can make raising a child much more difficult, and children who had future possibilities taken from them at birth — physical or mental — deserve the opportunity to reach their full potential. The cost for these opportunities is far beyond the reach of most parents. Various therapies, adaptive technologies or surgical procedures are prohibitively expensive for the majority of parents no matter how much they want their child to thrive.

Birth injuries vary greatly in severity, and while some may naturally correct themselves following the birth, not all will do so. For instance, the bruising or lacerations caused by the use of forceps will generally resolve themselves, although the child could be left with a small scar. Cerebral palsy, on the other hand, results in damage to the brain areas which control muscle functions and movement. Often cerebral palsy is a direct result of lack of oxygen during the birth process.

Several parties may share in the liability for a birth injury to your child. Perhaps the delivery doctor failed to follow an acceptable standard of care, or a prescribed medication led to a birth injury or defect, in which case the manufacturer might be named in the suit. It is vital to enlist the help of the experienced medical malpractice lawyers at Shim & Chang to recover the compensation you deserve.

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The Estate of Mark Tokuyama v. City and County of Honolulu Jury awarded $953,114.57, which at the time was the highest award ever for a drowning case.

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    $7 Million medical malpractice settlement.

  • Brain injury suffered by a teenager in a motor vehicle crash

    $6.5 Million settlement.

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    The attorneys of the law firm Shim and Chang are excellent, helpful, trustworthy, compassionate and conduct their business with integrity. Shim and Chang are not a law firm looking only to make money. Rather, Shim and Chang showed me they truly cared...

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    Kimberly Kau

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    When the condo owner living above us caused water damage to our condo, we were displaced for nearly two months. When his insurance carrier refused to compensate us for the inconvenience and the temporary housing cost, we hired the law firm of Shim an...

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    I was injured while on vacation in Hawaii and actually was referred to Shim and Chang by an attorney that had litigated against them in the past. I was told that if she were in my position that is who she would contact. Immediately that was a plus an...

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    This is the kindest, most well-prepared and capable group of lawyers you can find. I contacted them for a personal injury due to negligence. They took care of me in every way. Every member of the team, from the office administrative to legal aid and ...

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    Kimberly L.

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    My experience with this team has been exceptional! From the very first meeting they were nothing but professional. I highly recommend them for any personal injury litigation or mediation. Thank you Mr. Chang!

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    A Wilson

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Roy K. S. Chang Attorney Photo
Roy K. S. Chang
Partner

With more than 30 years of practical and trial experience handling all types of personal injury cases, Roy K. S. Chang has molded Shim & Chang into a highly creative and innovative law firm that honors the Hawaiian spirit of aloha. He has achieved an AV rating from Martindale-Hubbell, the national directory of attorneys, indicating…

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Harvey M. Demetrakopoulos
Partner

With his unique name and background, Harvey M. Demetrakopoulos' character and experience have greatly added to the creative and innovative approach of Shim & Chang. He has been with the firm since 1996, exclusively handling personal injury cases. Raised in Honolulu, Harvey graduated from Kaimuki High School and attended the University of Hawaii at Manoa…

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Alvin Tong Shim, Founder of Shim & Chang In Memoriam of Alvin Tong Shim, November 10, 1923 - June 24, 2006 The Spirit of Aloha Born in Wailuku, Maui on November 10, 1923, Alvin Tong Shim was the second child and first son of Henry and Helen Shim. As a young boy, he earned money…

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