Honolulu Birth Injury Lawyer

Dedicated Attorneys Helping Those Affected by Birth Injuries in Honolulu

SKILLED LAWYERS SEEKING COMPENSATION FOR YOUR FAMILY

Honolulu Birth Injury Attorney

Discovering that your baby has suffered a birth injury can be heartbreaking, especially when it was preventable and justice is needed. For nearly 40 years, Shim & Chang, Attorneys at Law have been fighting for injury victims across Hawaii. With extensive knowledge of medical malpractice laws and birth injury cases, we provide strong legal representation to families in need. If your child’s injury resulted from a doctor or healthcare provider’s negligence, a Honolulu birth injury lawyer can help you pursue the compensation and accountability your family deserves.

VARIOUS TYPES OF BIRTH INJURIES

Birth injuries can occur due to complications during labor and delivery, often resulting from excessive force, oxygen deprivation, or medical negligence. Some injuries may heal over time, while others can cause long-term disabilities. Below are some of the most common birth injuries:

This condition occurs when the brachial plexus nerves in the shoulder are damaged during delivery, often due to excessive pulling or improper use of forceps or vacuum extractors. It can lead to weakness, loss of movement, or even paralysis in the affected arm.

Similar to Erb’s Palsy, this injury affects the lower part of the brachial plexus and primarily impacts the hand and wrist. In severe cases, it can cause permanent nerve damage and muscle weakness in the affected limb.

Cerebral palsy is a neurological disorder caused by brain damage before, during, or shortly after birth. It often results from oxygen deprivation (hypoxia) or infections during pregnancy. Symptoms can include muscle stiffness, coordination issues, speech difficulties, and developmental delays.

This occurs when a baby’s shoulders become stuck behind the mother’s pelvis during delivery, leading to complications such as nerve damage, fractures, or reduced oxygen supply. Improper handling by medical professionals can increase the risk of permanent injury.

A newborn’s bones are delicate, and difficult deliveries can sometimes lead to fractures, especially in the collarbone (clavicle) or skull. These injuries may heal naturally but can cause significant pain and complications if not treated properly.

Severe cases of birth trauma can damage the baby’s spinal cord, leading to permanent paralysis or neurological impairments. These injuries often occur due to excessive force during delivery or medical negligence.

A lack of oxygen before or during birth can cause severe complications, including brain damage, organ failure, and developmental disabilities. Hypoxia is a major cause of cerebral palsy and can be life-threatening if not treated immediately.

These injuries can have lifelong consequences for both the child and their family. If a birth injury was caused by medical negligence, parents may have legal options to seek compensation for medical treatment, therapy, and long-term care. Consulting a birth injury attorney can help families understand their rights and pursue justice for their child’s injuries.

COMMON CAUSES OF BIRTH INJURIES

These injuries often result from medical negligence, where healthcare professionals fail to provide the appropriate standard of care during pregnancy, labor, or delivery. These errors can lead to serious, lifelong consequences for both the child and their family. Below are some common causes of birth injuries::

1. Failing to Monitor Fetal Distress
Doctors and nurses are responsible for closely monitoring the baby’s vital signs during labor. If they fail to detect signs of oxygen deprivation (hypoxia), irregular heartbeat, or umbilical cord issues, the baby may suffer brain damage, leading to conditions like cerebral palsy or developmental delays.

2. Failing to Detect or Treat Maternal Infections
Certain maternal infections during pregnancy, such as Group B strep, UTIs, or viral infections, can pass to the baby and cause serious complications. When medical providers fail to diagnose or properly treat these infections, the baby may suffer sepsis, meningitis, or other life-threatening conditions.

3. Delaying or Neglecting to Perform an Emergency C-Section
Some complications, like prolonged labor, fetal distress, or placental abruption, require an emergency C-section to protect the baby’s health. If a doctor delays this procedure, the baby may experience oxygen deprivation or physical trauma, increasing the risk of brain injuries and developmental disorders.

4. Failing to Recognize and Address a Prolapsed Umbilical Cord
A prolapsed umbilical cord occurs when the cord slips into the birth canal before the baby, cutting off oxygen supply. Immediate medical intervention is required to prevent brain damage or stillbirth. Failure to address this condition in time can lead to severe birth injuries.

5. Misusing Birth-Assisting Tools
When used improperly, tools like forceps or vacuum extractors can cause nerve damage, skull fractures, or spinal injuries. Medical professionals must use extreme caution when assisting with delivery to prevent unnecessary harm.

If a doctor or medical staff acted negligently and caused harm to your newborn, you may be entitled to compensation for medical expenses, therapy, and long-term care. Our medical malpractice lawyers can help you understand your rights and pursue justice for your child’s injuries.

THE LASTING IMPACT OF BIRTH INJURIES

Birth injuries can have lifelong consequences, affecting a child’s physical, cognitive, and emotional development. The severity of these injuries depends on factors such as the type of trauma, the timeliness of medical intervention, and whether medical malpractice played a role. Unfortunately, some children may face chronic health challenges that require lifelong care and support.

  • Muscle Atrophy – If nerve damage or paralysis occurs, the affected muscles may weaken and shrink over time, limiting mobility.
  • Impaired Bone Growth – Some birth injuries, such as bone fractures or damage to growth plates, can result in uneven limb development or lifelong orthopedic issues.
  • Scoliosis and Spinal Issues – Injuries affecting the spinal cord or nervous system may lead to abnormal spinal curvature, requiring braces or surgery.
  • Permanent Brain Damage – If the baby experiences oxygen deprivation (hypoxia) during birth, it can lead to cerebral palsy, developmental delays, or cognitive impairments that affect speech, motor skills, and learning abilities.

Many children with birth injuries require extensive, long-term medical treatment, including:

  • Multiple surgeries to correct skeletal deformities or nerve damage.
  • Physical and occupational therapy to improve strength and coordination.
  • Speech therapy to assist with communication difficulties.
  • In-home medical care for children with severe disabilities requiring constant supervision.

WHO CAN BE HELD RESPONSIBLE FOR BIRTH INJURIES AND DEFECTS?

The responsibility for a birth injury depends on the cause, and multiple parties may be held legally accountable, including:

  • Doctors – Errors in diagnosing complications, improper delivery techniques, or delayed C-sections can lead to serious injuries.
  • Nurses – Negligence in monitoring fetal distress, administering medication, or following protocols may contribute to harm.
  • Anesthesiologists – Mistakes in pain management or improper dosing can put both mother and baby at risk.
  • Pharmaceutical Companies – If a prescription drug caused birth defects, the manufacturer may be responsible.
  • Hospitals – Poor training, staffing issues, or unsafe policies can result in preventable birth injuries.

If you believe medical negligence played a role in your child’s injury, you have the right to pursue a medical malpractice claim. Our experienced attorneys can help determine liability and guide you through the legal process to seek the compensation your family deserves.

Schedule a Consultation With Our Experienced Honolulu Birth Injury Lawyer Today

If your child has suffered a birth injury due to medical malpractice, Shim & Chang, Attorneys at Law are here to help. Our team is dedicated to securing the compensation you need to provide the best care for your child. Contact us today at (808) 524-5803 or reach out online. We provide complimentary initial consultations at our Honolulu office.