Personal Injury Attorneys For Medical Malpractice And Birth Injuries

If your child has suffered from medical malpractice in Hawaii leading to cerebral palsy or other birth injuries, the attorneys at Leavitt, Yamane & Soldner can help you pursue the financial settlement needed for your child’s care and quality of life.

When medical professionals make preventable mistakes, the consequences can be life-changing. In cases involving birth injuries, the impact may affect a child and family for decades.

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and causes harm. Birth injuries are a specific and often devastating form of malpractice involving mistakes during pregnancy, labor, or delivery.

If you or your child suffered harm due to medical negligence in Hawaii, you may have the right to pursue compensation under state law. Leavitt, Yamane & Soldner represent patients and families statewide in complex malpractice and birth injury claims.

Call 808-537-2525 for a confidential consultation.

What Is Medical Malpractice Under Hawaii Law?

Medical malpractice occurs when a doctor, nurse, hospital, or healthcare provider deviates from the accepted medical standard of care and causes injury.

In Hawaii, malpractice claims generally require proof that:

A provider owed a duty of care
The provider breached that duty
The breach directly caused injury
The injury resulted in damages

These cases are governed in part by Hawaii Revised Statutes Chapter 671, which outlines medical claim procedures.

You can review Chapter 671 here:
https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0671/HRS_0671-.htm

What Is Considered A Birth Injury?

A birth injury is physical harm to a newborn caused by medical negligence during pregnancy, labor, or delivery.

Common birth injuries may include:

Cerebral palsy
Erb’s palsy
Brachial plexus injuries
Brain injuries due to oxygen deprivation
Skull fractures
Nerve damage
Spinal cord injuries

Some birth injuries are unavoidable complications. Others may result from preventable medical errors.

What Medical Mistakes Can Cause Birth Injuries?

Birth injury malpractice cases may involve:

Failure to monitor fetal distress
Delayed emergency C-section
Improper use of forceps or vacuum extractors
Medication errors during labor
Failure to diagnose maternal conditions
Failure to treat the infection
Improper response to umbilical cord complications

These cases often require a detailed review of medical records and expert testimony.

What Is The Medical Inquiry and Coordination Panel (Micp) Process In Hawaii?

Before filing most medical malpractice lawsuits in Hawaii, claims must first go through the Medical Inquiry and Conciliation Panel (MICP) process.

The MICP:

Reviews the medical claim
Allows both sides to present evidence
Encourages early resolution
Issues a non-binding advisory opinion

Participation is generally required under Hawaii law before proceeding to court.

What Is The Statute Of Limitations For Medical Malpractice And Birth Injury Claims In Hawaii?

Under Hawaii Revised Statutes §657-7.3, medical malpractice claims must generally be filed within:

Two years from when the injury was discovered or reasonably should have been discovered
No more than six years from the date of the alleged malpractice in most cases

Special rules may apply in cases involving minors, including certain tolling provisions. Because deadlines are complex and strictly enforced, early legal evaluation is essential.

What Compensation Is Available In Birth Injury And Medical Malpractice Cases?

Compensation may include:

Economic damages:

Past and future medical expenses
Rehabilitation and therapy
Specialized equipment
In-home care
Lost parental income
Future earning loss

Non-economic damages:

Pain and suffering
Emotional distress
Loss of enjoyment of life

Hawaii law places caps on certain non-economic damages in medical malpractice cases under HRS Chapter 663.

How Do Birth Injury Cases Differ From Other Malpractice Claims?

Birth injury cases often involve:

Long-term or lifelong care needs
Complex neurological conditions
Life care planning experts
Economic experts are calculating lifetime costs
Pediatric medical specialists

Because injuries may affect a child’s entire life, these cases often require careful long-term financial analysis.

What Signs May Indicate Possible Birth Injury Malpractice?

Parents may consider legal review if:

A baby required emergency resuscitation
There were unexplained delays in delivery
The newborn required NICU care unexpectedly
The child shows developmental delays
Doctors failed to address fetal distress

A medical outcome alone does not mean malpractice occurred, but a review of records may clarify whether the standard of care was followed.

Can You File A Wrongful Death Claim For Medical Malpractice?

Yes. If medical negligence results in the death of a patient or infant, surviving family members may pursue a wrongful death claim under Hawaii Revised Statutes §663-3.

Wrongful death damages may include:

Funeral expenses
Loss of financial support
Loss of companionship
Emotional suffering

How Can Hawaii Personal Injury Attorneys Help With Malpractice And Birth Injury Claims?

Medical malpractice and birth injury attorneys can:

Review medical records
Consult independent specialists
Navigate the MICP process
Retain life care planning experts
Calculate long-term financial needs
Negotiate settlements
File litigation when necessary

These cases require detailed investigation and experienced legal handling.

Frequently Asked Questions About Medical Malpractice and Birth Injuries

1. Do all poor medical outcomes qualify as malpractice?

No, not every adverse medical outcome constitutes malpractice. To establish malpractice, it is essential to demonstrate that the healthcare provider failed to meet the accepted standards of care, resulting in harm to the patient.

2. Is expert testimony needed in malpractice cases?

Yes, expert testimony is typically a crucial component of medical malpractice cases. An expert in the relevant medical field will provide insights into whether the provider’s actions fell short of the accepted standards of care.

3. How long do medical malpractice and birth injury cases usually take?

Medical malpractice and birth injury cases often require more time than standard personal injury claims. This extended timeline is due to the need for thorough review, complex procedures, and the intricacies involved in gathering sufficient evidence.

4. Are there limits on damages in Hawaii for medical malpractice?

Yes, Hawaii imposes specific caps on certain non-economic damages in medical malpractice cases. It is important to understand these limits, as they can impact the total compensation available to a patient who has suffered due to malpractice.

5. What steps should I take if the malpractice occurred at a federal or military hospital?

If the malpractice took place at a federal or military facility, your claim may be governed by the Federal Tort Claims Act (FTCA). This law has distinct procedures and deadlines, so it is crucial to consult with an attorney experienced in federal claims to ensure compliance with the requirements.

Contact Hawaii Personal Injury Attorneys for Medical Malpractice and Birth Injuries

If your family has been affected by medical negligence or a birth injury in Hawaii, early legal evaluation can help protect your rights and clarify your options.

Leavitt, Yamane & Soldner provides experienced representation in complex malpractice and birth injury claims statewide.