Best Birth Injury Lawyers Honolulu, HI

Honolulu, HI Birth Injury FAQs

• Can you still file a birth injury lawsuit in Honolulu for an incident that happened a year ago?

  Yes, even if the incident occurred a year ago, you can still file a birth injury lawsuit in Honolulu. According to the Hawaii Revised Statutes, you have two years after discovering the injury to file a lawsuit. Failure to file a case within the time limit will result in the loss of any claim for your infant's injury.

• What factors do you need to determine if you want to file a medical malpractice lawsuit in Honolulu?

  When determining whether you can file a medical malpractice lawsuit in Honolulu, there are four main factors to consider. The first consideration is whether the healthcare provider and the patient already have a doctor-patient relationship and whether a certain level of care is owed. The second is if there was a breach of the patient's standard of care. The third factor is whether the negligent action directly caused the injury and, finally, whether the patient suffered actual damages.

• What damages can you seek in a birth injury lawsuit in Honolulu?

  In a medical malpractice case, such as a birth injury in Honolulu, you can seek three types of damages: general, punitive, and special damages. General damages are non-economic in nature and cannot be quantified. It includes physical pain and suffering, emotional distress, and a reduction in quality of life. Special damages include lost wages and medical bills as a result of the injury, and punitive damages are also available, though they are uncommon in medical malpractice cases.

• Is there a cap on damages in birth injury cases in Honolulu?

  Yes, there is a current damage cap in Honolulu for birth injury cases. In all personal injury cases, the maximum amount you can claim for general damages such as pain and suffering is $375,000. However, there is no cap on the amount of compensation you can seek for special damages such as medical bills and lost wages.

• Can you file a birth injury lawsuit if your child has a birth defect in Honolulu?

  Yes, you can sue your healthcare provider for birth injury if your child's birth defect was caused by an injury during childbirth in Honolulu. To determine if you have a case, you may need to consult with a birth defect attorney. Birth defects typically occur during pregnancy, whereas birth injuries occur during and after delivery.