The birth of a child should be a joyous and life-enhancing event, but for some families, it becomes a source of pain and hardship. A traumatic birth injury can leave both parents and baby with lasting physical and emotional scars. But can you sue a hospital for a traumatic birth injury? The answer depends on the circumstances surrounding your experience and whether medical negligence played a role.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we understand how devastating a traumatic birth injury can be. As one of Hawaii’s premier plaintiffs’ law firms, we are committed to helping families seek justice when hospitals and medical professionals fail to provide the care they owe to their patients.
What Is a Traumatic Birth Injury?
A traumatic birth refers to an experience during labor or delivery that results in significant physical injuries and emotional trauma. These injuries can affect the baby, the mother, or, in many cases, the entire family. Traumatic births often involve preventable complications or improper care provided by medical professionals.
Examples of traumatic birth scenarios include:
- Injuries to the baby. These can include cerebral palsy, brain damage, nerve injuries like brachial plexus injuries, infections, fractures caused by improper use of forceps or vacuum extractors, and death.
- Maternal injuries. Serious complications such as uterine rupture, severe hemorrhaging, infections, and death can arise from improper monitoring or delayed interventions.
- Psychological trauma. Parents may experience emotional distress from witnessing preventable complications and suffering of their baby
Understanding whether your traumatic birth resulted from natural complications or medical negligence is key to determining if legal action is possible. By thoroughly examining the circumstances, an experienced attorney can help you assess whether filing a lawsuit is the right course of action.
Can You Sue a Hospital for a Traumatic Birth Injury?
Hospitals are responsible for providing a safe environment and competent medical care during childbirth. If they breach that responsibility and it results in harm, families may have the right to sue the hospital. So, can you sue for traumatic birth? In many cases, yes—particularly if medical negligence played a role in causing the trauma.
Hospitals can be held liable for the actions of their employees, including doctors, nurses, and other staff members. Some common examples of negligence that could lead to a traumatic birth lawsuit include:
- Abnormal Labor. Failure to recognize and respond when labor is not proceeding normally.
- Delayed C-Section. Allowing labor to continue for too long after a cesarean section is indicated for the safety of mother, baby or both.
- Inadequate fetal monitoring. Failing to monitor, recognize and respond to signs of fetal distress, such as abnormal heart rates or reduced oxygen levels, that require immediate intervention to prevent brain damage or death.
- Improper medication. Improper administration of medication such as pitocin.
- Forced delivery. Excessive use of force or improper technique in delivering a baby.
- Misuse of delivery tools. Delivery tools, like forceps or vacuum extractors, are important aids in the delivery process when used appropriately, but can be dangerous or deadly when improperly used.
When hospitals fail to meet their duty of care, the consequences can be catastrophic for families. Consulting with an attorney can help you determine whether your case meets the criteria for a lawsuit.
Proving Medical Negligence in a Traumatic Birth Injury Lawsuit
To succeed in a birth injury lawsuit, you must prove that medical negligence occurred. That involves demonstrating four key elements:
- Duty of care. The hospital and its staff owed you and your baby a duty to provide services that meet or exceed the applicable standard of care during labor and delivery.
- Breach of duty. Medical professionals failed to meet this standard through inappropriate actions or failure to take necessary actions resulting in substandard care.
- Causation. The breach of duty directly caused harm to you or your baby.
- Damages. The harm resulted in significant losses, such as serious injuries or death, medical expenses, emotional distress, or long-term disabilities.
Evidence is crucial in proving these elements. Medical records, witness accounts, and expert testimony from obstetricians or other medical professionals can help establish where the hospital’s care fell short.
What Damages Can You Recover in a Traumatic Birth Claim?
If your lawsuit succeeds, you may be entitled to recover compensation for economic and noneconomic damages. This compensation aims to address the full scope of harm caused by the traumatic birth.
Economic damages include medical expenses and caregiver costs (past and future), therapy costs, and lost wages for the parents if they need to take time off work to care for the baby, as well as the future inability of the baby to work in cases of serious disability. Examples of non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.
While no amount of compensation can undo the physical and emotional trauma, these damages can help alleviate the financial burden and provide resources for your family’s recovery, and ensure the future financial security for the child.
How Cronin, Fried, Sekiya, Kekina & Fairbanks Can Help
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we are proud to be Hawaii’s most respected plaintiffs’ law firm. With more than five decades of experience handling medical malpractice and birth injury cases, we have the knowledge, resources, and dedication needed to fight for justice. Our attorneys have secured multimillion-dollar settlements and verdicts for families who have experienced the devastation of a traumatic birth injury.
When you work with us, we will:
- Conduct a thorough investigation of your case to identify instances of medical negligence,
- Work with trusted medical experts to build a strong claim, and
- Advocate tirelessly to secure the compensation you and your family deserve.
You don’t have to face the challenges of a traumatic birth injury alone. Let our experienced team provide the support and representation you need to move forward.
Contact Our Hawaii Traumatic Birth Injury Lawyers Today
Experiencing a traumatic birth injury is a deeply painful event, but you don’t have to navigate its aftermath alone. Seeking justice can help bring clarity, accountability, and resources to aid in your recovery.
Contact Cronin, Fried, Sekiya, Kekina & Fairbanks for a free consultation today. We work on a contingency basis, meaning you pay nothing unless we recover compensation for you. Let us help you take the first step toward healing and justice.
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