The birth of a child should be a moment of joy and promise. But when a medical mistake causes a newborn to suffer a brain injury, that joyful moment can quickly become a lifelong challenge for the entire family. These cases are devastating—not only because of their emotional toll but also because many are preventable. At Cronin, Fried, Sekiya, Kekina & Fairbanks, we have spent decades helping Hawaii families living with the consequences of medical negligence. We know what it takes to hold negligent providers accountable and secure the resources children need for lifelong care.
Understanding Brain Injuries Suffered by Newborns
Newborn brain injuries refer to any damage to a baby’s brain that occurs before, during, or shortly after birth. These injuries can vary widely in severity—from mild developmental delays to permanent physical and cognitive disabilities.
Common forms of brain damage in babies include:
- Hypoxic-ischemic encephalopathy (HIE),
- Intraventricular hemorrhage (bleeding in the brain),
- Periventricular leukomalacia (damage to white matter),
- Cerebral palsy caused by brain injury, and
- Skull fractures or trauma during delivery.
These conditions may result in lifelong complications, making early recognition and medical intervention essential.
How Medical Mistakes Can Cause Brain Damage in Babies
In many cases, babies can avoid brain damage with appropriate medical care. Labor and delivery require careful monitoring, timely decision-making, and adherence to accepted standards. However, medical negligence during childbirth can occur when a healthcare provider fails to:
- Monitor for fetal distress. Ignoring or misreading fetal heart rate monitors can delay emergency interventions.
- Promptly perform a C-section. When a baby is in distress, waiting too long to perform a cesarean section can cause oxygen deprivation.
- Properly use delivery tools. Excessive force with forceps or vacuum extractors can cause trauma.
- Diagnose infections. Untreated maternal infections can pass to the baby and cause inflammation or injury.
- Watch for high-risk pregnancy signs. Providers must recognize and respond to conditions like preeclampsia or placental abruption.
These failures can result in irreversible brain damage, often requiring around-the-clock care and lifelong medical support. Timely intervention by medical staff is often the difference between a safe delivery and a tragic, preventable injury.
The Long-Term Impact of Infant Brain Injuries
Brain injuries in newborns can lead to a wide range of lifelong challenges. The impact of the injury on the child’s development and independence can depend on how early the injury occurs and its severity.
The lasting consequences of these injuries can include:
- Developmental delays;
- Learning disabilities;
- Seizure disorders;
- Physical limitations or paralysis; and
- Difficulty speaking, eating, or walking.
Each child’s journey is unique, but many will need occupational therapy, speech therapy, educational accommodations, and, in some cases, full-time care. Early diagnosis and intervention can significantly improve quality of life.
What Makes These Cases Legally Complex?
Newborn brain injury cases require careful investigation and strong medical evidence. Aggressive legal teams often represent medical providers and hospitals and rarely admit fault easily. Proving medical malpractice in these cases typically involves:
- Collecting detailed medical records from prenatal care to delivery,
- Consulting with neonatal or obstetric medical experts,
- Demonstrating how the standard of care was violated; and
- Establishing that the injury would not have occurred without negligence.
There is a two-year statute of limitations in Hawaii for medical malpractice cases. However, exceptions may apply, especially if the victim is a baby. Also, the statute of limitations may be different for babies and parents. Speaking with an attorney can help preserve your rights and ensure you meet all deadlines.
Newborn Brain Injury Recovery: Is It Possible?
There is currently no cure for severe permanent brain damage. Every brain injury is different, and while some newborns show remarkable progress with early intervention, others may face permanent disabilities. Prompt diagnosis, therapy, and medical treatment can make a meaningful difference in outcomes. Families should not have to shoulder the emotional and financial burden alone—especially when a preventable error caused the injury. Many brain damaged babies will live a normal life expectancy and therefore outlive their parents. Consideration must be given to their continued care after heir parents have passed. Legal support can help families plan for the future and access essential care services.
How Cronin, Fried, Sekiya, Kekina & Fairbanks Can Help
For more than 50 years, our firm has helped families across Hawaii navigate the aftermath of serious birth injuries. We approach these cases with compassion, diligence, and a commitment to uncovering the truth.
We can help you:
- Understand what went wrong during labor and delivery,
- Identify whether medical negligence occurred,
- Calculate the full extent of your child’s future care needs, and
- Pursue justice and compensation through a medical malpractice claim.
Our legal team works with pediatric specialists, life care planners, and economic experts to build strong, evidence-based cases. We are committed to achieving results that support your child’s future.
Contact Us for Help
If you believe your baby’s brain injury was caused by a preventable medical mistake, we are here to help. At Cronin, Fried, Sekiya, Kekina & Fairbanks, we fight for families facing the unimaginable. Let us review your case, explain your legal options, and advocate for your child’s future. Contact us today for a free consultation and take the first step toward accountability and healing.
Frequently Asked Questions
What Causes Brain Injuries in Newborns?
Brain injuries in newborns can result from a lack of oxygen, physical trauma during delivery, untreated maternal infections, or complications related to premature birth. These injuries may occur before, during, or shortly after birth. Understanding the cause of your baby’s injury is the first step toward accountability and recovery.
How Can Medical Malpractice Lead to Brain Damage in Babies?
When doctors or nurses fail to monitor or respond to signs of fetal distress, delay necessary interventions, or misuse delivery tools, they may cause irreversible harm. These actions—or inactions—can form the basis of a malpractice claim. Legal action may help cover the cost of lifelong care.
Can Oxygen Deprivation During Birth Cause Permanent Brain Damage?
Yes. Even a few minutes of oxygen deprivation can result in HIE, a serious condition that may cause lasting cognitive or physical impairment. Timely response is critical to prevent permanent harm. Lack of quick medical action can turn an avoidable complication into a catastrophic outcome.
What Evidence Is Needed to Prove Medical Malpractice in an Infant Brain Injury Case?
Proving malpractice requires medical records, expert testimony, and a clear link between the provider’s negligence and the baby’s injury. Documentation must show that the injury would not have occurred with proper care. An experienced attorney can coordinate the investigative steps and present the findings.
Can Newborns Recover from Brain Damage?
Some newborns may show improvement over time, depending on the severity of their brain damage, especially with early intervention therapies. However, many face lifelong challenges and require continued support. A legal claim can help secure the resources needed for recovery and care. No family should have to face these challenges without help.
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