Brain Damage From Birth Injury | Honolulu, Hawaii

Brain Damage From Birth Injury in Hawaii

Fighting for Justice in Brain Damage Birth Injury Cases

Birth is typically anticipated as a joyous occasion. But unfortunately, it can sometimes be accompanied by unexpected challenges, including birth injuries that lead to brain damage. In the United States, instances of brain damage from birth injury are not as uncommon as one might hope. These injuries can have a long-lasting impact on the affected child and their family.

The brain is the most complicated organ in the body and it is vulnerable to injury during childbirth. If the brain damage is caused by negligence during birth, families may have legal options. Understanding these options can help you access the resources and support your family needs during this difficult time.

Quick Summary:

  • Birth injuries can lead to brain damage, impacting the affected child and their family.
  • Understanding the causes of birth injuries, such as complications during labor and delivery, is crucial for families facing the challenges of childbirth.
  • Different types of brain damage resulting from birth injuries, including hypoxic-ischemic encephalopathy (HIE) and cerebral palsy, can have significant impacts on a child’s development and quality of life.
  • Compensation for infants with brain damage from birth injuries may include coverage for medical expenses, rehabilitation and therapy costs, assistive devices and equipment, home modifications, and pain and suffering.

Understanding Brain Damage Resulting from Birth Injury

Brain damage from birth injury refers to harm or injury that occurs to a baby’s brain during childbirth or soon after. Birth injuries can occur due to various factors during pregnancy, labor, or delivery. 

When these complications deprive the baby’s brain of oxygen or cause physical trauma, it can lead to brain damage. It can have a significant impact on the child’s development and quality of life. It may also affect the family’s emotional and financial well-being.

What Causes Birth Injuries?

Birth injuries can happen for various reasons. These are often caused by complications during labor and delivery. Understanding the causes behind these injuries is crucial for families navigating the complexities of childbirth and its potential risks. Here are the common causes:

Complications During Labor

Sometimes, labor doesn’t go smoothly, and complications arise. These complications can include the baby getting stuck in the birth canal or the umbilical cord wrapping around the baby’s neck. When these things happen, the baby can be at risk of injury.

Medical Mistakes

Healthcare providers, like doctors and nurses, are responsible for taking care of both the mom and the baby during childbirth. But sometimes, they make mistakes. For example, they might use tools like forceps or vacuum extractors incorrectly, which can lead to injuries.

Delay in Responding to Fetal Distress

Fetal distress is when the baby isn’t getting enough oxygen during labor. Healthcare providers must recognize and respond to signs of fetal distress quickly. If they don’t, the baby could suffer brain damage or other injuries.

Large Babies

Some babies are born larger than average, which can make delivery more difficult. Healthcare providers need to be prepared to handle the delivery of large babies safely to prevent injuries.

Maternal Health Conditions

Certain health conditions in the mother, like diabetes or high blood pressure, can increase the risk of birth injuries. Healthcare providers need to check and manage these conditions during pregnancy to reduce the risk to the baby.

What are the Different Types of Brain Damage from Birth Injury?

Understanding the various types of brain damage that can occur is essential for families facing this challenge. Here are the common types of brain damage resulting from birth injury:

Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-ischemic encephalopathy (HIE) happens when the baby’s brain doesn’t get enough oxygen and blood flow during birth. This lack of oxygen can cause damage to the brain cells and lead to serious problems like developmental delays and seizures.

Cerebral Palsy

Cerebral palsy is a condition that affects a person’s ability to control their muscles. It can happen if the baby’s brain is injured during birth or shortly after. Children with cerebral palsy may have difficulty moving, walking, or talking.

Intracranial Hemorrhage

Intracranial hemorrhage is bleeding that occurs inside the baby’s skull. It can happen if there is trauma during delivery or if the baby’s head is squeezed too hard. This bleeding can cause pressure on the brain and lead to brain damage.

Periventricular Leukomalacia (PVL)

Periventricular leukomalacia (PVL) is a type of brain damage that affects the white matter of the brain. It can occur if the baby’s brain doesn’t get enough oxygen or blood flow during birth. PVL can lead to problems with movement and coordination.

Other Neurological Impairments

In addition to the types mentioned above, birth injury can also result in other neurological impairments such as intellectual disabilities, learning difficulties, and behavioral problems.

What are the Types of Compensation for Infants with Brain Damage from Birth Injury?

When a baby suffers brain damage from a birth injury, it can have lasting effects on their life and the lives of their family. In such cases, families may wonder if they are entitled to compensation to help cover the costs of care and support for their child. Here are the types of compensation available for infants who have experienced brain damage from birth injury:

Medical Expenses

Compensation may cover the costs of medical treatment, including:

  • hospital stays,
  • surgeries,
  • medications,
  • therapy sessions, and
  • ongoing medical care needed for the child’s recovery and well-being.

Rehabilitation and Therapy Costs

Infants with brain damage often need specialized therapies. This includes:

  • physical therapy,
  • occupational therapy, and
  • speech therapy to help them develop skills and improve their quality of life.

Assistive Devices and Equipment

Some infants with brain damage may need assistive devices to aid in their mobility and daily activities. Examples are wheelchairs, braces, communication devices, and specialized equipment.

Home Modifications

In some cases, families may need to make modifications to their homes to accommodate the needs of a child with brain damage. This includes installing ramps, widening doorways, or making other accessibility modifications.

Pain and Suffering

Compensation may also include damages for the physical pain and suffering endured by the infant as a result of the birth injury. It also includes emotional distress experienced by the child and their family.

Compensation for the child’s pain and suffering, is strictly limited to only $375,000, no matter how painful or debilitating their injuries. This is the result of Hawaii’s damage cap for medical malpractice, Hawaii Revised Statute § 663-8.7.

Why Do I Need a Birth Injury Lawyer in Hawaii? 

Dealing with a birth injury, especially when it involves brain damage, can be overwhelming for families. Seeking legal help from a Honolulu birth injury lawyer is crucial for navigating the complexities of such cases. Here’s why having a birth injury lawyer is essential:

  • Understanding Legal Rights: Honolulu birth injury lawyers know the laws related to birth injuries in Hawaii. They can help you understand your legal rights and options.
  • Investigating the Case: They will investigate the case, gather evidence, and determine if medical negligence played a role in causing the brain damage.
  • Navigating the Legal Process: They can help you through each step of the process, from filing a claim to negotiating a settlement or representing you in court.
  • Maximizing Compensation: They know how to fight for maximum compensation for families affected by brain damage from birth injury. They can calculate the full extent of the damages to ensure families receive the compensation they deserve.
  • Protecting Rights in Court: If the case goes to court, they give families a strong advocate to protect their rights and interests. They will present evidence, cross-examine witnesses, and argue on behalf of the family to seek justice for their child.

Call Our Honolulu Birth Injury Attorneys Now!

Brain damage from a birth injury can be a devastating blow to a family’s hopes and dreams. The medical and emotional challenges can feel overwhelming. But remember, you are not alone. 

Our Honolulu birth injury lawyers at SRB Hawaii Law can make a significant difference in obtaining justice and compensation for their child’s injury. We’ll conduct a thorough investigation into your child’s birth injury case. We’ll gather evidence to determine if medical negligence played a role in causing the brain damage. 

Our birth injury law firm will work tirelessly to reach a fair settlement with the responsible parties. We’ll fight for maximum compensation to cover your child’s medical expenses, future care needs, and pain and suffering. We understand the emotional toll of dealing with a birth injury, and we’re here to help ease your burden and answer any questions you may have.

Contact us today to schedule a free consultation and explore your legal options. We are here to support you every step of the way. From birth injuries to catastrophic damages, we can help you obtain your rightful compensation.

SRB Hawaii Law


SRB Hawaii Law

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