C-section births have increased in frequency over time, primarily as a result of medical developments and a better understanding of the human body. However, as with any surgical procedure, there is still a possibility of an error during a cesarean section delivery. You may have a strong case for birth injury compensation if you or your child suffered harm during a C-section delivery. A Hawaii C-section Error Lawyer can help you assess your legal options and evaluate your best course of action.
SRB Hawaii Law C-section Error Attorneys have over three decades of experience assisting families in obtaining compensation for birth injuries like medical C-section cases. Our birth injury law firm protects children and families throughout Honolulu HI who have suffered harm as a result of medical malpractice. Our purpose is to advocate positive change from the birth errors made to protect against future birth trauma.
A birth injury might result in permanent complications that necessitate lifetime medical attention. Allow our C Section Malpractice Attorney in Honolulu HI to hold the doctor accountable for any mistakes or malpractice. Contact us now and let’s start your fight immediately!
Why Do I Need a C-Section Malpractice Lawyer in Hawaii?
If a doctor’s negligence during a botched C-section operation, you may be able to file a lawsuit. You can find out if you have a case by consulting with a Hawaii birth injury attorney. Even while not all C-section injuries are the product of medical negligence, you may be entitled to damages through a birth injury case if you or your newborn have suffered a serious injury.
SRB Hawaii Law Medical Malpractice Lawyers are sympathetic to your situation. We have represented families in Honolulu to acquire the money they require to rebuild their lives and pay for medical care. We can help you pursue the justice and the compensation you are entitled to while holding irresponsible healthcare providers accountable for the harm they caused. Our birth injury attorneys will handle all facets of your case including but not limited to the following:
- Investigating what happened and whether medical negligence was to blame
- Establishing who the negligent parties may be, such as the doctor, nurse, anesthesiologist, or facility involved
- Building your case to prove medical negligence
- Filing relevant paperwork and documentation
- Collecting evidence such as footage from the hospital and birth room, as well as medical records, paperwork, and reports
- Taking statements from witnesses and conducting interviews
- Consulting and collaborating with expert witnesses who will testify on your side
- Estimating a fair settlement and negotiating with insurance companies
- If necessary, take the case to trial and represent you in all legal procedures
We recognize how important it is to have a strong relationship with each and every client. Our ultimate goal will be to obtain the answers you deserve and to seek full and reasonable compensation for the physical, emotional, and financial harm caused by a C-section error. Get in touch with us today and we will be there for you every step of the way!
What is a C-Section?
A C-section is a medical procedure that involves making an incision in the abdomen and uterus to deliver a baby. Mothers can stay awake during C-sections because only regional anesthetic is needed. Nonetheless, they shouldn’t be able to feel, hear, or see anything.
C-section delivery of a baby is still a serious surgery, and all surgeries have the risk of potential problems even though they may appear regular. The risk of maternal morbidity and mortality after a C-section is doubled, mainly because of complications from the procedure and largely because the medical circumstances that necessitate it may be lethal in and of themselves.
If you or your baby were injured during or after a C-section and believe you were not properly informed about the risks, that the procedure was unnecessary, or that the procedure was botched, you may have grounds to file a medical malpractice claim against the doctor, medical staff, and hospital where the procedure was performed. A C-section Malpractice Attorney in Honolulu HI can assist you in navigating this process smoothly.
When is a C-Section Necessary?
A mother may require a C-section for a variety of reasons. A mother may be aware that she will likely need one in particular situation due to her medical history or circumstances surrounding the pregnancy. However, unexpected problems during childbirth are to blame for the majority of first-time C-sections.
The following are common reasons for a Caesarean section:
- Previous C-section
- Fetal distress
- Prolonged labor
- Breech birth
- Maternal health concerns (heart condition, brain condition, active genital
- Obstruction of the birth canal
- Multiple births (twins or triplets)
- Umbilical cord prolapse
- Placental abruption
Even when there are no previous issues, some women may decide to plan a C-section. But most medical professionals advise against doing so. In most cases, the convenience is outweighed by the danger of injury to both the mother and the child.
If your healthcare professional neglected to perform a C-section when you or a loved one required one, you may be able to file a lawsuit against them. Reach out to a C-section Malpractice Attorney in Honolulu HI to know more about your legal options.
Common Injuries Caused by C-Section Errors
A C-section can be performed inaccurately by a medical practitioner in a number of ways which could harm the baby, the mother, or both. Quite frankly, even a well-executed procedure could have issues if done too early or too late. A C-section error, regardless of its underlying cause, may result in long-term injuries that could have an impact on the rest of your child’s life as well as your own.
Some of the most common injuries to mothers include:
- Internal bleeding
- Internal organ injuries
- Bowel/bladder damage
- Anesthesia-related injuries
- Blood clots
Meanwhile, some of the most common C-section error injuries to infants include:
- Brachial plexus injuries
- Birth asphyxia (oxygen deprivation)
- Damage to organs during surgery
- Loss of blood due to internal hemorrhaging
- Cerebral palsy
- Erb’s palsy
- Brain damage
- Bone injuries
- Spinal cord injury
- Head injuries
- Facial injuries
Errors during C-section deliveries are extremely uncommon but can tragically end in the death of the mother or the newborn. At SRB Hawaii Law, we have a deep understanding of the devastation that may be inflicted on victims and their families as a result of any form of C-section error injury. Our C-section Malpractice Attorney in Honolulu HI is ready to advocate on your behalf and fight for the maximum compensation to which you are entitled.
C-Section Malpractice Claims
C-sections require the accuracy and precision of an experienced and qualified medical professional, just like any other surgery. C-sections, however, put the lives of both the mother and the child in the hands of the surgeon, unlike most other types of procedures. Even in urgent situations with little time, surgeons should take all essential precautions to achieve a satisfactory outcome.
Unfortunately, this does not always occur. Rarely, a surgeon’s error, incompetence, or negligence might have disastrous and even fatal outcomes. And this may result in a successful medical malpractice claim such as:
Surgical Error Lawsuit
Identifying the need for an emergency C-section is only a portion of a physician’s responsibilities. In order to prevent harm, the physician must conduct a C-section to the highest standard possible once the operation has begun. This is not always the case, however. If a surgeon performs this procedure negligently, both the mother and the child may suffer severe birth damage.
Delayed C-Section Lawsuit
Medical experts must do more than just recognize that a cesarean section is necessary. Due to the presence of a dangerous maternal or fetal health problem, certain deliveries must take place immediately. When this happens, there are standards of care in place that doctors must observe.
If an emergency C-section takes more than 30 minutes (depending on the circumstances) or if doctors extend labor for longer than is appropriate, a newborn may suffer a brain injury due to a lack of oxygen.
Failure to Perform Lawsuit
Many babies are not suitable for vaginal delivery and must be delivered via C-section. This could be a life-saving option for both mother and child. Failure to recognize and perform C-section deliveries might have disastrous effects. If the child survives, he or she will almost certainly suffer long-term impairments such as cerebral palsy.
If you or your child were injured during a cesarean section as a result of a medical professional’s negligence, you have the legal right to seek financial compensation. Though no amount of compensation can undo the impacts of medical malpractice during labor and delivery, it can assist the family with injury-related expenses. Get in touch with a C-section Malpractice Attorney in Honolulu HI to begin this process right away!
Do I Have a C-section Lawsuit?
Although having a C-section can result in many consequences, not all of them are medical negligence. In Honolulu, Hawaii, you may have a medical malpractice claim if you and your Hawaii C-section Error Lawyer can show these basic elements of medical negligence.
- Duty of Care. You must establish a formal doctor-patient relationship with the defendant.
- Breach of Duty. You must show that the defendant failed to meet the standard of care in your situation. This normally necessitates expert witness testimony from a similarly qualified medical professional who can attest to the defendant’s acts being improper.
- Causation. You must provide evidence of the injury caused by the defendant’s negligence. For example, if your child was born with cerebral palsy as a consequence of a C-section accident, you must present documents demonstrating the magnitude of your medical expenses and other damages as a result of this diagnosis.
- Damages. You must establish a link between the defendant’s fault and the alleged damages. This implies you must demonstrate that your claimed damages are a direct outcome of the defendant’s negligence and not the product of any other source.
Whatever your case may be, if you believe you or your baby were hurt as a result of a healthcare provider’s negligence during a C-section operation, you should consult with a C-section Medical Malpractice Attorney in Honolulu HI to analyze whether you have a plausible C-section lawsuit.
Requirements for Filing a Medical Malpractice Lawsuit in Hawaii
A medical malpractice case in Hawaii is very complicated and necessitates the assistance of a Hawaii C-section Error Lawyer. Section 671-12 of Hawaii Revised Statutes requires the prospective plaintiff to submit an inquiry to a medical inquiry and conciliation panel and obtain a certificate of consultation before a medical malpractice lawsuit can be filed.
The Medical Inquiry and Conciliation Panel Process
The Hawaii medical inquiry and conciliation panel consists of one attorney and one properly-licensed physician. The panel procedure aims to prevent frivolous lawsuits by attempting to resolve these situations amicably, whether through settlement, mediation, or another method.
The medical inquiry must:
- Be in writing
- Include the description of the facts on which the lawsuit will be based, and
- Include the names of all medical professionals or healthcare providers who might be included in the claim
Submission of the inquiry typically requires payment, but it may be reduced or waived in certain situations.
The panel selects a date to assess all evidence, examine medical records, and interview witnesses after receiving the inquiry, notifying all specified care providers, and giving each provider time to provide a written answer. The panel will be terminated if the parties are unable to reach an agreement during the review process, at which point the patient will be permitted to sue for medical negligence in Hawaii’s courts.
Certificate of Consultation
Any inquiry submitted to the panel under Hawaii Revised Statutes Section 671-12.5 must be accompanied by a certificate of consultation in which the injured patient or the patient’s lawyer or other representative affirms that they have:
- Consulted at least one licensed physician with experience in the same or a nearly related specialty as the potential defendant health care practitioner
- Determined that the claim has a “reasonable and meritorious” basis
Exceptions may be made in cases when this certificate cannot be obtained, such as when a lawsuit filing date is rapidly approaching or when a proper consultation cannot be obtained despite a “good faith” effort.
C-Section Malpractice Compensation Claims
You may be able to file a c-section medical malpractice case and potentially recover compensation if you are able to demonstrate that the negligence of a hospital or medical provider was the cause of your injuries or the injuries sustained by your baby during birth. For instance, you may be able to recover compensation for the following situations:
- Medical expenses
- Medical devices if needed
- Physical therapies and rehabilitation
- Costs to modify your home to accommodate your child’s needs
- Cost of hiring a caregiver
- Pain and suffering
- Mental anguish
- Wrongful death
Even if the medical staff is to blame for the injuries that you or your child sustained, it may be difficult to hold them accountable for their actions in a case alleging medical negligence. If you do not have a Hawaii c-section Error Lawyer at your side, it may be difficult to make sense of the legal issues because they are complicated.
C-Section Statute of Limitations in Hawaii
A statute of limitations establishes a deadline for filing a lawsuit. You can guarantee that the doctor or medical facility you’re trying to sue will petition the court to dismiss the case if you try to file your complaint after the medical malpractice statute of limitations period has expired. Your litigation will be over if the court grants the request, which it will probably certainly do.
In Hawaii, the statute of limitations for a medical malpractice claim is two years after the plaintiff discovers or should have discovered the damage with reasonable diligence. If you know or should have known that you were injured during a C-section operation due to medical negligence, the statute of limitations begins to run and you must file your claim within two years.
It is in your best interest to seek legal advice from a Hawaii C-section Error Lawyer immediately to ensure the timeliness of your claim.
Call our Honolulu C-Section Malpractice Attorney Now!
Medical negligence during childbirth can have disastrous effects on the entire family. What should have been the happiest time of your life has the potential to be a traumatic event that will affect your child for the rest of his or her life. However, if someone else’s negligence caused your or your child’s injuries, we could help you obtain compensation and justice. You should not worry about confronting a hospital or medical team, as our C-section Medical Malpractice Attorney in Honolulu HI can handle the situation for you.
We, at SRB Hawaii Law, can construct your whole case, collect the necessary evidence to prove your claim, and negotiate with the defendants and insurance companies on your behalf. You will have time to focus on what is truly important, such as your family and recovery. Without the assistance of our birth injury attorneys, navigating the legal system and obtaining the most beneficial conclusion for your case can be exceedingly challenging.
If you or your kid has suffered due to medical negligence during a C-section, do not just hire any law firm. Reach out to SRB Hawaii Law!