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Birth Injuries: Frequently Asked Questions

Birth injuries can be caused by a vast range of medical errors and negligent care, including trauma from impact during delivery, fetal oxygen deprivation, or improper use of delivery assistance tools. These types of cases are often quite complex and raise a number of questions. To help shed some clarity on this confusing and difficult time, we have compiled a list of the most frequently asked questions and their accompanying answers.

If you believe your baby suffered an injury as a result of a negligent medical professional’s actions, it is imperative that you seek skilled legal advice from an experienced medical malpractice attorney as soon as possible. For over four decades, the legal team at Davis Levin Livingston has been fighting on behalf of the wrongfully injured. Backed by a proven track record of success, you can rest assured your case will be in good hands with us.

Call our law office today at (808) 400-7517 to request a free initial case evaluation!

Birth Injuries: FAQ

  1. What is the difference between a birth injury and a birth defect? Generally, birth injuries are caused by medical negligence, whereas birth defects are often unavoidable and arise prior to the baby’s birth. This means that, more often than not, that a birth injury is a viable medical malpractice case and a birth defect is not. However, to be certain, it is best to consult with an experienced medical malpractice attorney first.
  1. What kind of situations can give rise to a birth injury lawsuit? Most medical malpractice cases involving birth injuries arise when a doctor does not properly assess or respond to complications that occur during a woman’s pregnancy or delivery. For example, if the overseeing doctor used forceps during the delivery process and accidentally injured your baby, you would have a viable medical malpractice case for which you could pursue fair and just compensation.
  1. What are some common birth injuries? Some of the most common birth injuries include fractures, bruising on the face or head, complications involving the umbilical cord, skin irritations, cerebral palsy, and Erb’s palsy, which can lead to lasting pain and suffering.
  1. What are some examples of errors that occur in the delivery room? Medical errors that could potentially occur in the delivery room include neglect, administering the wrong drugs, improper administration of epidurals, failure to monitor vital signs, improper extraction of the infant, and forced delivery.
  1. What does it mean if my newborn baby has a diagnosis of asphyxia? Asphyxia refers to a lack of oxygenated blood flow in the baby’s brain and, when it falls below a certain level, it results in brain damage. Clinicians are generally responsible for monitoring a fetus’s oxygen levels for signs of abnormalities. If your baby has an asphyxia diagnosis, this likely means you have a viable medical malpractice case on your hands for which you could receive compensation.
  1. How often do birth injuries occur? According to various statistics, it is estimated that about three out of every one hundred babies born in the United States suffer a birth injury. It is crucial for proper medical care to be given to reduce the chances of injuries to both mother and baby.

Birth Injury Attorneys in Hawaii

At Davis Levin Livingston in Hawaii, our team of birth injury attorneys understands the difficulties that are often associated with such cases. We will put our extensive knowledge and experience to work for you to ensure the responsible parties are held accountable for their negligent actions, so you can obtain the fair and just compensation you deserve.

Get started on your birth injury case today and contact our office at (808) 400-7517 to request a free initial case evaluation with one of our knowledgeable attorneys.

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

Why Davis Levin Livingston?

  • Available by phone 24/7 & ready to help.
  • Secured tens of millions of dollars on behalf of our clients.
  • Highest malpractice judgment in U.S. history against a military hospital.
  • Includes an experienced medical team including a nursing staff to answer your questions.
  • Mark Davis and Mike Livingston have been recognized as some of the best lawyers in Hawaii.
  • Resources available to advance your expenses; no cost or fees unless Davis Levin Livingston wins your case.
About Our Firm

Did You Know?

You are not alone in this.
  • 7 out of 1,000 newborns are diagnosed with a birth injury.
  • In a year, 157,000 mothers and children suffered potentially preventable injuries.
  • The lifetime costs of birth injuries can reach tens of millions of dollars.
  • On average 28,000 babies are born with a birth injury every year.

Fighting to Secure the Lifelong Care Your Child Needs!

Contact Our Firm Today