Birth injuries can occur as a result of negligence during pregnancy, birth or afterbirth care. Obstetricians, doctors, nurses, medical technicians and other hospital personnel are responsible for following standards of care throughout prenatal care, labor, delivery and neonatal care.
When a baby is injured due to medical negligence in the pregnancy or birthing process, a cerebral palsy lawyer in Hawaii can look into the evidence of the case and determine how the infant was injured and how your family can get help through a medical malpractice claim.
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How the Right Cerebral Palsy Lawyer Can Help Your Family
A Hawaii cerebral palsy attorney can give your family and child a good chance of obtaining access to equal opportunities that would be otherwise out of reach without professional legal help. For cerebral palsy cases, a lawyer can help you figure out if malpractice caused your child’s disability. They can provide expertise and investigative skills to prove negligence.
You need a qualified attorney to go up against the hospital’s dominant legal team or the at-fault party’s insurance company. A lawyer gives you the best chance of winning compensation that can cover your child’s needs. In terms of disability rights, a cerebral palsy lawyer will help you figure out if your child is experiencing discrimination or being denied access to opportunities.
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Hawaii’s Medical Malpractice Laws
When you hire a cerebral palsy lawyer in Hawaii, you will be advised of relevant state laws that could impact your medical malpractice claim. With an idea of what your legal options are, you can make smarter choices and understand how your claim will work and how you can be awarded compensation.
For instance, Hawaii law dictates you only have two years from the time that the medical error took place to file your claim. This deadline, also known as a statute of limitations, can be extended to six years if you could not have reasonably discovered the mistake after your child’s birth.
Medical malpractice claims in the state of Hawaii require plaintiffs to submit an inquiry to the state’s Medical Inquiry and Conciliation Panel before you can officially file a lawsuit. The panel will review your case and decide if it has merit. This process can be very difficult, that’s why it’s important to have the guidance of a lawyer who specializes in cerebral palsy cases.
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What Can Cause Cerebral Palsy?
While not all cases of cerebral palsy are due to birth injuries, many are caused by medical malpractice during pregnancy, labor, and delivery. Cerebral palsy can be caused by damage to the brain. A cerebral palsy diagnosis can be linked to malpractice in during birth involving:
- Delays in performing a C-section, leading to a lack of oxygen to the brain
- Improper treatment of a brain injury sustained during or after birth
- Premature birth
- Failure to properly monitor the baby’s heart rate while in the womb
- Improper use of forceps, vacuum extractor, or Pitocin
- Not handling the child properly during labor, causing shoulder dystocia and a shortage of blood and oxygen to the brain
- Failure to notice the fetal in distress resulting in oxygen deprivation
- Failure to diagnose and treat serious conditions and brain damage occurs
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Why Should You Hire a Hawaii Cerebral Palsy Lawyer?
Your family is likely facing serious financial and emotional challenges from caring for a child with a disability. In fact, the Centers for Disease Control and Prevention (CDC) reported that the cost of lifetime care for a person with cerebral palsy is nearly $1 million.
Your child’s condition may have been the effect of a medical error during pregnancy or childbirth and you shouldn’t have to pay for that. By working with a lawyer, you can:
- Hold negligent medical professionals accountable for their errors
- Seek justice and compensation for your family and your baby
- Ensure other families don’t go through the same thing
If you believe your child’s cerebral palsy may be the result of a medical professional’s negligence, cerebral palsy attorneys in Hawaii can help you collect compensation that can cover your infant’s treatment, even without an official diagnosis.
Compensation You Can Receive in a Cerebral Palsy Lawsuit
A cerebral palsy diagnosis means costly medical care, specialized services, and other necessary expenses that can last a lifetime. Any of the following costs can be taken into consideration when calculating the total value of your case and how much you should be asking to be compensated for:
- Hospitalization, surgeries, and medication
- Lost wages and loss of future earning capacity
- Ongoing and future medical care
- Ramps and other home modifications
- Rehabilitation and physical therapy
Your family may be awarded compensation for non-economic damages, known as pain and suffering, on top of your economic losses and punitive damages in a cerebral palsy lawsuit. Non-economic damages, however, are capped at $375,000 in Hawaii, per HRS §663-8.7.
Talk to a Hawaii Cerebral Palsy Attorney at Birth Injury Lawyers Group
While it may seem straightforward to file a lawsuit, proving the cause of your child’s medical condition and the presence of medical malpractice can be very difficult. The Hawaii cerebral palsy lawyers from Birth Injury Lawyers Group have the resources to review all the facts of your case, gather evidence and consult with medical experts to see if you have a valid claim.
Because time is an important factor, you need to act quickly. Consult with one of our lawyers as soon as possible and do not take the risk of being turned away from justified compensation. Contact us today to get started.