Broken bones are a natural occurrence during childbirth. However, infant broken bones and fractures are generally preventable. If your infant broke a bone during labor, delivery, or shortly thereafter, you may be eligible to seek compensation for their injuries. The Hawaii infant broken bones attorney at SRB Hawaii Law can assist you.
If your newborn has suffered injuries because of a broken bone, our lawyers can help you seek justice. To begin, we’ll conduct a free consultation to determine if medical negligence contributed to your child’s injuries during birth. If this describes your situation, we will assist you in filing a lawsuit and obtaining a just settlement on your baby’s behalf.
Give our law firm a call today and allow our Hawaii bone birth injury lawyer to review and assess your case!
Why do I need a Bone Birth Injury Attorney in Hawaii?
It can be difficult to bring medical malpractice cases for birth injuries. Medical professionals and insurance companies are never willing to take responsibility for their careless actions. It is important to seek legal representation from Hawaii infant broken bones attorneys at SRB Hawaii Law, who has the ability to fight and refute allegations of malpractice insurance providers, hospitals, and medical professionals.
When you retain our Honolulu, Hawaii legal team, you can anticipate that we will:
- Explain your and your baby’s legal rights and options for filing a birth injury case
- Investigate your doctor, the hospital, and other medical staff involved
- Consult and engage medical experts to help with the investigation and to testify at trial if needed
- File insurance company claims and track filing of birth injury lawsuit deadlines
- Pursue legal actions aggressively to obtain the best possible outcome for your birth injury case
If your child suffered bone fractures or broken bones during birth, contact our Hawaii bone birth injury lawyer to schedule a confidential and thorough consultation.
Broken Bones During Childbirth
The use of natural birthing practices can occasionally lead to fractures in the newborn. However, in many instances, they are the result of medical errors that occur during challenging labor. The following are some of the most common types of broken bones found in newborns:
- Clavicle fracture: A clavicle fracture during birth is more likely to occur in babies who are larger than average. A baby’s clavicle may fracture if it becomes stuck in the birth canal. These fractures can also be caused by the aggressive or improper use of delivery instruments like forceps or vacuums.
- Humerus fracture: Lack of arm movement in a newborn can be a sign of these injuries to the upper arm’s long bone. A fractured humerus can result from a doctor’s hurried delivery. When labor is hurried, the baby’s head can pass through the birth canal quickly, but the neck and shoulders become immobile. Humerus fractures may occur if delivery is carried out too quickly.
- Femur fracture: Femur fractures, also known as thigh bone breaks, are relatively uncommon in newborns and are a sign of an unsatisfactory delivery. Femur fractures during delivery, in contrast to other fractures, have been linked to low birth weight. Femur fracture risk can be decreased with cesarean sections, but there may be additional risk factors.
- Depressed skull fracture: Depressed skull fracture injuries are uncommon, occurring in only 4 to 10 births out of every 10,000. This injury type is primarily associated with the improper use of instruments during labor and delivery and is infrequently observed in births without the use of instruments.
Causes of Broken Bones in Infants
While the majority of doctors, nurses, and other medical personnel take great care during childbirth, one careless act can result in severe, potentially fatal injuries. Infant fractures have a number of common causes, such as:
- Rushed labor
- Prolonged labor
- Improper use of delivery aids such as forceps and vacuums
- Aggressive delivery techniques
- Failure to recognize and properly care for a breech birth
- Shoulder dystocia (infant being stuck behind the mother’s pubic bone)
- Failure to administer an emergency cesarean section (C-section) if needed
- Fetal distress
- Anesthesia errors
A doctor or nurse who assisted in the delivery may be held accountable for the harm they caused in both a legal and financial sense. You can seek just compensation for your family by working with a Hawaii broken bone birth injury attorney.
Signs of Broken Bones on Newborn
It’s possible for a bone fracture birth injury to go undetected during labor or even after the baby is born. A newborn baby’s injury might go unnoticed because they are unable to express their pain verbally. If a fracture occurs during birth, a negligent doctor may not recognize it or may fail to alert the mother if they do.
A bone fracture may appear strangely anywhere on the body. The infant may cry nonstop and be unconsolable to express pain if there is no outward sign of a fracture. Whether a bone breaks in a small crack or a large tear, all broken bones are still considered fractures.
You might observe your baby displaying some of the following signs of a bone break:
- Bones that seem misaligned
- Bone swelling
- Touch sensitivity
- Lack of movement with certain ligaments
- Limbs bending at strange angles
- Lumps on joints, shoulders, and other areas
- Limited mobility
When your newborn has a bone fracture or broken bone, it needs to be treated right away. You need to seek medical help right away and reach out to a Hawaii bone birth injury lawyer. Your birth injury attorney can determine if you need to file a birth injury lawsuit and seek compensation for your child’s injuries.
Liability in a Broken Bones Injury in Hawaii
Determining liability in a medical malpractice claim is challenging, but a Hawaii broken bone birth injury attorney can assist you in establishing liability in a medical malpractice lawsuit. If your child suffered injuries as a result of the negligence of a medical professional or institution, it is crucial to seek legal advice from birth injury lawyers in Hawaii.
Our Hawaii bone birth injury lawyer at SRB Hawaii Law will help determine who is responsible for your child’s birth injuries. The liable party may consist of the following:
- The medical facility where your child was born
- The doctor, nurse, or midwife responsible for your delivery
- Anesthesiologists, laboratory technicians, or other medical specialists involved in your birthing process
- Pharmacies or pharmaceutical businesses
- Medical equipment producers
Our broken bone birth injury attorney in Hawaii will gather proof to show how the at-fault party’s failure to follow safe medical procedures led to your infant’s injuries.
Proving Medical Negligence
To recover compensation for your child’s injury, you must demonstrate that your newborn’s broken bones were a result of the doctor’s medical negligence. You must show that the physician who delivered your child caused harm that a competent physician would not have caused.
To establish negligence, you must demonstrate how the medical provider acted negligently. The elements of negligence proof include:
- Duty of care: Patients are entitled to a standard level of care from medical professionals. The medical standard of care is the level of competence that the average healthcare professional would have demonstrated under the same conditions.
- Breach of duty: If a medical staff negligently breached their duty of care and caused you harm, you could sue them for all the damage. Medical professionals may violate their duty unintentionally or intentionally and maliciously.
- Causation: You must demonstrate that the defendant’s actions caused the harm.
- Damages: You must prove that the defendant’s failure to exercise reasonable care caused you and your baby actual damages.
To demonstrate that the doctor or other medical provider was careless, our attorneys will thoroughly investigate your case, show how the doctor departed from the accepted medical practice, and we will draw on the expertise of medical professionals to build a solid case for you.
Pursuing Compensation Claims for Broken Bones Injury
Our legal team at SRB Hawaii Law can assist you in seeking justice and financial compensation if your child has endured harm at the hands of negligent medical professionals. The highest standards should be followed by medical professionals, and they should be held accountable for any negligence.
No parent should ever experience financial hardship as a result of having to pay for their child’s birth injury. We will fight for you and your family to get back on track. You may receive compensation which may include:
- Medical expenses
- Rehabilitative care
- Long term care
- Other future medical treatment
- Loss of wages (for parents)
- Pain and suffering
- Wrongful death
Newborn Bones Injury Statute of Limitations
When a doctor or hospital’s negligence causes your infant to suffer a preventable broken bone, as the child’s parents, you have the right to seek compensation on behalf of your newborn. However, there are time constraints you must observe, and state-specific deadlines vary.
In addition, special rules may apply due to a statute of limitations or the fact that the injured party was a minor. Therefore, it is best to pursue these personal injury claims with the assistance of a Hawaii bone birth injury lawyer at SRB Hawaii Law.
When reviewing your case, our attorney will help you understand the applicable statute of limitations to your birth injury case and ensures that everything is filed on time.
Call our Qualified Hawaii Bone Birth Injury Now!
All childbirths carry some risk because newborns are so fragile, but poor medical care is never acceptable. It’s crucial to hold the parties accountable for your child’s suffering if they caused a preventable injury during childbirth. And even though these wounds might recover without any problems, as parents, you might have to pay more for more expensive medical care.
Contact our Hawaii infant broken bones attorney to learn about your legal options if you believe the injury was brought on by medical malpractice. We assist parents in bringing negligence claims and obtaining compensation for common birth injuries like broken bones, cerebral palsy, brain injury or brain damage, brachial plexus palsy, spinal cord injury, Erbs palsy, catastrophic injury, hypoxic-ischemic encephalopathy, and more. Speak to us today!