Honolulu’s Compassionate Cauda Equina Injury Attorney: Your Advocates in Tough Times
Cauda Equina Syndrome is a rare and devastating condition that can result from medical negligence during childbirth. This condition can have profound and lifelong consequences for both the child and their family. Our Cauda Equina injury attorney in Honolulu HI understands the emotional and financial toll such injuries can take, and we are committed to fighting for the rights of those impacted.
With deep roots in Hawaii’s legal community, SRB Hawaii Law believes in personalized, compassionate care. We understand that families dealing with Cauda Equina Syndrome birth injuries are already facing immense challenges, so we strive to make the legal process as smooth and stress-free as possible. Our goal is to provide you with the support and legal guidance needed to navigate this difficult journey.
If your family has been affected by Cauda Equina Syndrome due to medical negligence during childbirth, we invite you to reach out to our Honolulu-based birth injury law firm. Let us help you seek justice and secure the financial support needed to provide the best possible care for your child’s future.
What is Cauda Equina Syndrome?
Cauda Equina Syndrome (CES) is a rare but severe medical condition that occurs when the bundle of nerves at the base of the spinal cord, known as the cauda equina, becomes compressed or damaged during childbirth. This compression can lead to a range of neurological symptoms, including loss of bladder and bowel control, leg weakness or paralysis, and other sensory and motor deficits in the lower part of the body.
If your child suffers from Cauda Equina Syndrome, it is essential to consult with our Honolulu birth injury lawyer for accurate information and guidance. We can help you assess if you have a claim and determine your best course of action.
What Causes Cauda Equina Injury?
While CES itself is not directly associated with childbirth, several factors and complications during childbirth can contribute to the development of CES in newborns. Here are some of the potential causes:
- Prolonged or Difficult Labor: Extended labor, also known as prolonged labor, can exert significant pressure on both the baby’s head and the mother’s pelvis. This extended pressure can potentially lead to compression or damage of the cauda equina nerves.
- Instrument-Assisted Delivery: The use of forceps or vacuum extraction during delivery is sometimes necessary to assist with a difficult birth. However, improper or excessive use of these instruments can increase the risk of birth-related injuries, including damage to the cauda equina nerves.
- Malposition of the Baby: If the baby is not in the optimal position for delivery (such as a breech position), it can increase the likelihood of complications during birth, potentially leading to nerve compression or injury.
- Medical Errors or Negligence: In some cases, medical errors or negligence during the birthing process can contribute to the development of Cauda Equina Syndrome in newborns. This might include mismanagement of labor and delivery, failure to diagnose and address complications promptly, or improper use of medical interventions.
- Spinal Cord Abnormalities: In rare cases, a newborn may have pre-existing spinal cord abnormalities or malformations that make them more susceptible to Cauda Equina Syndrome during childbirth.
- Infections or Inflammation: Infections or inflammatory conditions affecting the spinal region or the surrounding tissues can also potentially lead to CES in newborns.
If you suspect medical negligence or malpractice during childbirth, consider seeking legal advice from our Cauda Equina injury attorney in Honolulu HI to explore your legal options.
How To Determine If My Child Has Cauda Equina Injury?
Cauda Equina Syndrome is a rare condition, and identifying it in newborns can be challenging due to their limited ability to communicate symptoms. Here are some signs and symptoms that may help identify CES in newborns:
- Lower Limb Weakness or Paralysis: Newborns with CES may exhibit weakness or paralysis in one or both lower limbs. They may have difficulty moving their legs or feet.
- Altered Reflexes: Abnormal reflexes, such as the absence of the Moro reflex (a startle reflex) or other reflexes in the lower limbs, can be a sign of neurological issues.
- Bowel and Bladder Dysfunction: CES often affects bladder and bowel control. Newborns may have difficulty passing stool or urine, or they may experience incontinence.
- Decreased Sensation: Reduced sensation in the lower part of the body, including the legs and feet, can be indicative of CES.
- Irritability or Crying: Infants with CES may exhibit signs of discomfort, irritability, or persistent crying, especially when they are handled or moved.
- Difficulty with Feeding: CES can affect the muscles used for swallowing and feeding, leading to feeding difficulties in newborns.
It’s essential to remember that these symptoms can be caused by various other medical conditions or issues, and CES is relatively rare. If you suspect that your newborn may have CES or are observing any concerning symptoms, it’s crucial to seek immediate medical attention. Consider reaching out to our birth injury attorney to determine potential legal recourse.
Who Can Be Responsible in a Cauda Equina Birth Injury Claim?
In a Honolulu Cauda Equina injury claim, several parties can potentially be held responsible or liable, depending on the specific circumstances and the cause of the injury. It’s essential to consult with our Hawaii birth injury attorney to evaluate the details of your case accurately. Here are some parties who may be involved in your Cauda Equina injury claim:
Healthcare providers involved in the labor and delivery process, including obstetricians, midwives, nurses, anesthesiologists, and attending physicians, may be held responsible if their actions or decisions during childbirth contributed to the development of Cauda Equina Syndrome. This could include factors such as medical errors, mismanagement of labor, or improper use of medical interventions.
Hospitals and Healthcare Facilities
Hospitals and medical facilities where the childbirth took place can be held liable if their policies, protocols, or staffing issues played a role in the birth injury. Hospitals are often responsible for the actions of their employees and may be sued for negligence.
Medical Equipment Manufacturers
If a birth injury resulted from a defect or malfunction in medical equipment or devices used during childbirth, the manufacturer of the equipment could be held responsible for product liability.
Healthcare Staff Training
In some cases, inadequate training or supervision of healthcare staff involved in childbirth can lead to birth injuries. If this is a factor, the institution responsible for staff training may be held accountable.
Other Healthcare Professionals
Depending on the circumstances, other healthcare professionals who were involved in the child’s care during the neonatal period or subsequent medical treatments may also be held liable if their actions or decisions contributed to the injury.
In rare cases, a third party, such as a pharmaceutical company or medical service provider, may be implicated if their actions or products contributed to the birth injury.
If you believe that your child suffered a birth-related Cauda Equina injury due to medical negligence or malpractice, give us a call immediately.
How To Prove Negligence in a Cauda Equina Birth Injury Lawsuit?
Demonstrating negligence in a Cauda Equina birth injury claim, or any medical malpractice claim, can be a complex process. To establish negligence, you generally need to demonstrate the following elements:
- Duty of Care: You must establish that a duty of care exists between the healthcare provider and the patient. This means showing that the healthcare provider had a professional obligation to provide a certain standard of care.
- Breach of Duty: You need to demonstrate that the healthcare provider breached the standard of care owed to the patient. This typically involves showing that the healthcare provider’s actions or decisions deviated from what a competent and reasonable healthcare provider would have done under similar circumstances.
- Causation: It’s essential to establish a direct link between the healthcare provider’s breach of duty and the injury suffered. In other words, you must show that the negligence was the proximate cause of the Cauda Equina birth injury.
- Damages: Finally, you must demonstrate that actual damages or harm resulted from the negligence. In a Cauda Equina birth injury claim, this may include medical expenses, pain and suffering, disability, and other related losses.
Steps to Prove Negligence
Establishing negligence in a Cauda Equina Syndrome claim demands a thorough and diligent approach. Here are steps you can take to help you achieve justice and ensure that those responsible are held accountable for their actions.
- Gather Medical Records: Obtain copies of all relevant medical records, including prenatal records, labor and delivery records, and records from any subsequent medical treatments. These records can serve as crucial evidence.
- Consult Medical Experts: Medical experts are often required to provide testimony on the standard of care and whether it was breached. Experienced healthcare professionals can help evaluate the actions of the healthcare provider in question.
- Document the Timeline: Create a timeline of events leading up to and following the birth injury. This timeline should include specific details of what happened during labor and delivery, any interventions, and the development of Cauda Equina Syndrome.
- Collect Witness Statements: If there were witnesses to the birth or any medical interventions, gather their statements about what they observed. This can provide additional evidence.
- Consult an Attorney: Seek the guidance of an experienced medical malpractice attorney who specializes in birth injury cases. They can help evaluate the strength of your case, gather evidence, consult with medical experts, and navigate the legal process.
Medical malpractice cases, including those involving birth injuries and Cauda Equina Syndrome, can be highly complex and challenging to prove. Having our Cauda Equina injury attorney in Honolulu HI on your side is essential to navigate these intricacies and pursue justice for your child and family.
What Damages are Recoverable in Cauda Equina Birth Injury Claims?
Compensation, also known as damages, is typically awarded to the injured party to help cover various losses and expenses associated with the birth injury. The compensation recoverable in a Cauda Equina injury claim can vary widely depending on the specific circumstances of the case, the severity of the injury, and the applicable laws. Here are some of the types of compensation that you may recover:
- Medical Expenses
- Pain and Suffering
- Loss of Earnings for Parents
- Loss of Earning Capacity for the Child
- Rehabilitation Costs
- Disability and Impairment
- Emotional Distress
- Home Modifications
- Assistive Devices
- Lifetime Care Costs
- Legal Fees
Consulting with our Honolulu Cauda Equina injury attorney is essential to assess the potential damages available to you and navigate the legal process effectively. Contact us right away to begin the process!
How Long Do I Have To File a Cauda Equina Birth Injury Claim in Hawaii?
Generally, medical malpractice claims, including Cauda Equina birth injury claims, are subject to a statute of limitations in Hawaii. The statute of limitations can vary depending on several factors, including the age of the child at the time of the injury and the specific circumstances of the case.
- Birth injury lawsuits filed by the parent or guardian – two years after discovering Cauda Equina Injury or up to six years after the injury occurred
- Birth injury lawsuit filed by the child (over 10) – six years after Cauda Equina Injury
- Birth injury lawsuit was filed by the child (under 10) – six years from the Cauda Equina Injury or when they reach ten years of age, whichever provides a longer period
It’s crucial to consult with our birth injury attorney in Hawaii to understand the specific deadlines that apply to your Cauda Equina Birth Injury claim. Birth injury cases can be complex, and missing the statute of limitations can bar you from pursuing a claim. SRB Hawaii Law can help you navigate the legal process and ensure that your rights are protected within the applicable timeframes.
Call Our Cauda Equina Injury Attorney in Honolulu HI Now!
At SRB Hawaii Law, we understand that every child is a symbol of hope and potential, and their future deserves to be protected. Through the ups and downs of your legal battle, we are committed to being your unwavering advocates, ensuring that the responsible parties are held accountable and that your child’s needs are met.
Your child’s resilience inspires us, and we are here to fight for the justice and compensation you and your family deserve. Our Honolulu-based law firm is more than ready to assist you with any birth-related injuries including Caput Succedaneum And Cephalohematoma, Bell’s Palsy, Birth Asphyxia, and more.
With your determination and our legal guidance, we believe in the power of a brighter future. Your journey may be challenging, but you’re not alone—we’re here to see it through, all the way to the end. Contact us today to schedule a free consultation!