Pregnancy and childbirth can be complicated, but in most cases, children are born healthy. When they aren’t, it is often due to unpreventable birth defects. In some cases, however, the negligence of a doctor or other medical professional may result in a child unnecessarily suffering injury, with long-term or lifelong consequences.
Children who suffer birth injuries often experience delays in development. They may have weakness in their extremities or suffer from motor problems. But how can you tell whether to bring a personal injury claim against a medical professional for negligence during the birth process? The answer depends on the type of birth injury your child suffered as well as the possible causes for that injury and the progress your child is making toward recovery.
Cerebral palsy, affecting movement and coordination, can be caused by a variety of factors. Most infants born with this condition will experience symptoms and difficulties for their entire lives. If a doctor’s actions led to this condition, it may make sense to bring a claim to help offset the costs of a lifetime of medical care and treatment.
Erb’s palsy, Klumpke’s palsy and shoulder dystocia are obstructed labor injuries that can happen in difficult deliveries. All of these disorders can be caused or made worse by a doctor using an incorrect or ineffective technique to facilitate a difficult birth. The symptoms of Erb’s palsy and other birth injuries may ease over time. If your child appears to be healing and may not need further care, a personal injury lawsuit may not make sense for your family.
The decision about whether to seek a legal remedy for your child’s injury is difficult to make on your own. An experienced birth injury attorney can help you understand the likelihood of a successful lawsuit in your particular situation as well as the applicable time limits. Because each case is different and depends heavily on the circumstances of your child’s birth, we work with medical experts to determine the possible causes of your child’s injury and decide whether it would be possible to hold a doctor accountable under the law.
At the Honolulu law firm of Shim & Chang, we have experience representing families who are dealing with the long-term consequences of negligence during pregnancy or birth. To schedule a free consultation with an experienced birth injury attorney, call us now at 808-524-5803 or contact us online.
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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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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…
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…
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…