Birth injuries can be caused by a vast range of medical errors and negligent care, including trauma from impact during delivery, fetal oxygen deprivation, or improper use of delivery assistance tools. These types of cases are often quite complex and raise a number of questions. To help shed some clarity on this confusing and difficult time, we have compiled a list of the most frequently asked questions and their accompanying answers.
If you believe your baby suffered an injury as a result of a negligent medical professional’s actions, it is imperative that you seek skilled legal advice from an experienced medical malpractice attorney as soon as possible. For over four decades, the legal team at Davis Levin Livingston has been fighting on behalf of the wrongfully injured. Backed by a proven track record of success, you can rest assured your case will be in good hands with us.
Call our law office today at (808) 740-0633 to request a free initial case evaluation with one of our Hawaii birth injury attorneys.
Q: What is the difference between a birth injury and a birth defect?A:
Generally, birth injuries are caused by medical negligence, whereas birth defects are often unavoidable and arise prior to the baby’s birth. This means that, more often than not, that a birth injury is a viable medical malpractice case and a birth defect is not. However, to be certain, it is best to consult with an experienced medical malpractice attorney first.
Q: What kind of situations can give rise to a birth injury lawsuit?A:
Most medical malpractice cases involving birth injuries arise when a doctor does not properly assess or respond to complications that occur during a woman’s pregnancy or delivery. For example, if the overseeing doctor used forceps during the delivery process and accidentally injured your baby, you would have a viable medical malpractice case for which you could pursue fair and just compensation.
Q: What are some common birth injuries?A:
Some of the most common birth injuries include fractures, bruising on the face or head, complications involving the umbilical cord, skin irritations, cerebral palsy, and Erb’s palsy, which can lead to lasting pain and suffering.
Q: What are some examples of errors that occur in the delivery room?A:
Medical errors that could potentially occur in the delivery room include neglect, administering the wrong drugs, improper administration of epidurals, failure to monitor vital signs, improper extraction of the infant, and forced delivery.
Q: What does it mean if my newborn baby has a diagnosis of asphyxia?A:
Asphyxia refers to a lack of oxygenated blood flow in the baby’s brain and, when it falls below a certain level, it results in brain damage. Clinicians are generally responsible for monitoring a fetus’s oxygen levels for signs of abnormalities. If your baby has an asphyxia diagnosis, this likely means you have a viable medical malpractice case on your hands for which you could receive compensation.
Q: How often do birth injuries occur?A:
According to various statistics, it is estimated that about three out of every one hundred babies born in the United States suffer a birth injury. It is crucial for proper medical care to be given to reduce the chances of injuries to both mother and baby.
Q: Birth Injury Attorneys in HawaiiA:
At Davis Levin Livingston, our team of Hawaii birth injury attorneys understands the difficulties that are often associated with such cases. We will put our extensive knowledge and experience to work for you to ensure the responsible parties are held accountable for their negligent actions, so you can obtain the fair and just compensation you deserve.