Four Decades Of Record Breaking Victories
  • $15,000,000

    Vacuum/Forceps Injuries

  • $12,500,000

    Fetal Distress

  • $11,000,000

    C-Section Errors

  • $9,975,000

    Brain Injury

  • $9,000,000

    Cerebral Palsy

  • $9,000,000

    Hypoxic Ischemic Encephalopathy

  • $7,900,000

    Fetal Distress

  • $6,000,000

    Hypoxic Ischemic Encephalopathy

  • $4,900,000

    C-Section Errors

  • $4,500,000

    Fetal Distress

Birth Injury Lawyers in Hawaii

Serving all Islands

Some births can be complicated and cause injury to the baby. Birth injuries are not always the result of medical negligence, but they can be. In any birth injury case, the family of the newborn must show that the doctor’s negligence caused the injury. To do so, the family must determine whether the medical professionals provided appropriate and competent medical care to the mother and baby during the delivery process.

Birth injury cases are technical in nature and can be extremely difficult to prove. Davis Levin Livingston, has a 40-year history of representing Hawaii families who have suffered a death or serious injury to a family member, including birth injuries. Davis Levin Livingston has a Medical Director on staff, and birth injury lawyers who have over 160 years of collective legal experience. Davis Levin Livingston knows how to take on birth injury cases – and win.

To learn more about your rights and options after any type of birth injury, call (808) 400-7517. Davis Levin Livingston serves clients across the Hawaiian Islands.

  • Inner Circle of Advocates
  • International Academy of Trial Lawyers
  • Best Lawyer Of The Year 2018
  • Honolulu Magazine
  • The National Law Journal
  • American College of Trial Lawyers
  • Super Lawyers
  • The Best Lawyers in America
  • AV Preeminent
  • American Association for Justice

Common Types of Birth Injuries

Birth injuries should be distinguished from birth defects. Birth defects generally involve harm to the baby that occurred before the birthing process, as a result of something that took place before or during the pregnancy. By contrast, birth injuries typically involve something that goes wrong during the delivery of the child. Because birth defects sometimes can result from such things as exposure to environmental toxins or inappropriate medications during pregnancy, inadequate prenatal care, or improperly treated viral or bacterial infections during pregnancy, it is wise to consult an attorney if your child is born with what is diagnosed as a birth defect. Similarly, if your child has suffered what you believe might be a birth injury, you should consult an experienced attorney who will be able to determine whether your child’s injury was the result of negligence during the delivery process. The question of whether a birth defect or a birth injury is the result of medical negligence is often extremely complicated, requiring a careful review of the medical records and other relevant information. The highly experienced attorneys and medical staff at Davis Levin Livingston will provide a prompt and thorough consultation, at absolutely no cost to you, to determine whether your child and family have a viable legal claim arising out of your child’s injury.

Some types of birth injuries include:

Each of these birth injuries can arise from medical mistakes made by medical professionals. When a physician causes one or more of the conditions listed above through the provision of medical care that falls below the prevailing standard of practice (called the “standard of care”), the physician may be sued for medical negligence. Physicians who have made such medical errors are not necessarily bad doctors. However, inexperience, inattentiveness and poor communication are usually among the root causes of medical negligence. Because physicians understand that medical negligence may occur despite their best efforts to provide competent care to all of their patients, they carry medical malpractice insurance to cover any injuries they might cause through inadvertent negligence. The attorneys at Davis Levin Livingston have vast experience in working with (and sometimes against) insurance companies in order to obtain maximum compensation for their clients.

What Causes Birth Injuries?

A variety of medical errors can cause birth injuries. Birth injury cases are considered medical malpractice cases. To prove a birth injury case, the plaintiff must prove that the care provided by the medical professional fell below the applicable “standard of care,” and that this breach of the standard of care caused an injury to the patient. Both of these elements of proof must be established through the opinions of medical experts. The birth injury attorneys and medical staff at Davis Levin Livingston work with leading medical experts from across the United States in order to develop and present the expert testimony needed to satisfy these burdens of proof.

The following are examples of negligent conduct that may cause birth injuries:

There are many other possible ways in which the negligence of the medical professionals may cause a birth injury. Indeed, every birth injury case is unique. In most cases, the treating physicians and other medical staff involved in your child’s delivery will not share with you any concern they might have that your child’s injury was caused by their own negligence. For this reason, it is wise for you to have an experienced attorney review your unique case to determine whether your child’s injury was the result of medical negligence. This usually will require a thorough review of the pertinent medical records, together with whatever additional information is available, and almost always will require an analysis of extremely complicated medical and legal issues. The highly experienced attorneys and medical staff at Davis Levin Livingston will provide a prompt and thorough consultation, at absolutely no cost to you, to determine whether your child and family have a viable legal claim arising out of your child’s injury.

Taking Legal Action After a Birth Injury

Caring for a seriously injured newborn is an enormous challenge both physically and emotionally. It also can be a time of great confusion and even anger. Rarely is there a simple and clear-cut explanation for your child’s injury; indeed, parents often have great difficulty obtaining a satisfactory explanation of the cause of the injury from their health care provider. By consulting an experienced birth injury attorney, the parents of an injured child can take comfort that they are protecting their child’s legal rights while freeing themselves to devote their full energy to their child’s life care needs. The experienced birth injury attorneys at Davis Levin Livingston understand the tremendous responsibility they have when the parents of an injured child entrust them to protect their child’s (and their) legal interests. Moreover, the information and advice that the attorneys and medical staff at Davis Levin Livingston provide to their clients include the opinions of leading medical experts, including expert opinions regarding the injured child’s rehabilitation and life care needs.

Contact Davis Levin Livingston today at (808) 450-3004 for a free consultation and review of your birth injury claim.

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