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Passionate Advocates for Your Rights

Hawaii Birth Injury Attorney

We’ve Secured Record Results for Birth Injury Victims

Parents place their trust in medical professionals to keep their children safe and healthy during pregnancy and delivery. When nurses, physicians, or other health care providers act negligently and fail to uphold their duty to provide adequate care, mothers or newborns can suffer serious harm.

If you or your child have suffered harm because of a provider’s negligence, you may have the right to bring a medical malpractice claim.

At Bostwick & Peterson, LLP, our award-winning Hawaii birth injury lawyers have won record results in serious medical malpractice and birth injury cases across the Hawaiian Islands and mainland. We are available to review your case and discuss how we may be able to help?

Why Choose Bostwick & Peterson?

  • Over $1 billion in compensation recovered for clients.
  • Record birth injury results in Hawaii, California, Colorado, and Washington.
  • Attorneys named to The Best Lawyers in America and Super Lawyers.
  • We work on contingency fees; if we don’t win, you don’t pay.

Bostwick & Peterson is a U.S. News “Best Law Firms” Tier 1 ranked Medical Malpractice and Personal Injury firm. We have helped numerous families across the Hawaiian Islands and mainland take on negligent providers and major insurance companies and win.

Since 2018, our firm has also twice broken theCalifornia record for largest medical malpractice recoveries with two record birth injury settlements (California imposes a cap on non-economic damages in medical malpractice claims).

Examples of our birth injury results:

  • $17 million birth injury settlement over brain damage in pregnancy – the largest present value medical malpractice settlement in California history (2019).
  • $14 million settlement over neonatal brain injury. At the time, this was the largest medical malpractice settlement in California (2018).
  • $11.4 million settlement over inadequate monitoring and failure to timely detect distress, resulting in brain injury and cerebral palsy. Largest birth injury settlement in CA at the time (2010).
  • $11 million for premature triplets who suffered neonatal blindness injuries due to retinopathy providers were alleged to have failed to diagnosed. This was the largest settlement of its type in the history of Hawaii (2000).
  • $10 million settlement for birth injuries resulting in spastic quadriplegia and cognitive deficits. It was alleged that doctors failed to promptly deliver when fetal monitoring showed potential problems. This was a record birth injury settlement in the state it was obtained.
  • $8.9 million verdict in Federal District Court of Hawaii for a child injured due to improper labor management. At the time, this was the largest medical malpractice award in the Ninth Circuit (1985).

Have questions about birth injury lawsuits in Hawaii and your rights? Contact us for a FREE consultation.

Types of Birth Injuries

The main causes of birth injuries include:

  • Traumatic injuries, which involve physical trauma to the mother or child. These injuries often occur during labor and delivery and may involve excessive force, shoulder dystocia, brachial plexus injuries and Erb’s palsy, vacuum and forceps injuries, and fractures.
  • Oxygen deprivation to the brain, which can occur at various points during pregnancy, labor, and delivery. A lack of oxygen and no oxygen to the brain (hypoxic and anoxic brain injuries) can have devastating consequences, including permanent brain damage, cognitive deficits, and conditions such as hypoxic-ischemic encephalopathy (HIE) and cerebral palsy.

Birth injuries can also be grouped into pre-birth "in utero" injuries and labor/delivery injuries. Whatever caused your child's birth injury and at whatever gestational age the injury occurred, Bostwick & Peterson is here to fight for justice on behalf of you and your family.

Medical Negligence & Birth Injuries

Medical malpractice can happen at any point during a mother's pregnancy, as well as during labor, delivery, and post-delivery. A provider may be liable for malpractice if they failed in some way to meet the applicable standard of care.

For example, many birth injuries are caused by problems with blood flow. As soon as the situation is detected, doctors and nurses need to take immediate action to increase the oxygen supply to the baby, including performing a cesarean section if necessary. Physicians or medical staff who fail to take appropriate actions can be held legally responsible for any injuries that occur.

Examples of medical malpractice that can result in birth injuries:

  • Failure to perform a C-section / delayed C-section
  • Failure to monitor fetal heart rate or detect signs of fetal distress
  • Improper use of labor inducing drugs (i.e. Pitocin)
  • Failure to diagnose and treat complications, including maternal infection, gestational diabetes, preeclampsia, etc.
  • Delayed birth
  • Improper use of vacuum or forceps

If you suspect your child was injured due to labor or delivery mismanagement, contact a Hawaii birth injury lawyer from Bostwick & Peterson for a free case evaluation. We can review your case and determine if you have grounds to seek a financial recovery for your medical expenses, lost wages, pain and suffering, and future medical needs.

Our birth injury attorneys serve all of Hawaii from our Honolulu office. Contact us to speak with a member of our team.

  • AV Preeminent
  • Lawdragon
  • Multi-Million Dollar Advocates Forum
  • Best Law Firms
  • The National Trial Lawyers Top 100 Trial Lawyers
  • The Best Lawyers in America
  • American Board of Professional Liability Attorneys
  • American Board of Trial Advocates
  • Super Lawyers 2020
  • International Academy of Trial Lawyers

Testimonials From Our Clients

  • “I'm glad they were there for me every step of the way.”

    Avvo Reviewer

  • “You simply can't go wrong trusting your case to this man.”

    Avvo Reviewer

  • “Mr. Peterson and his team worked tirelessly with dedication.”


What Sets Bostwick & Peterson, LLP Apart

  • Over $750 Million Recovered for Our Clients
  • Record-Setting Birth Injury Verdicts & Settlements in Four States
  • We Have Received the Trial Lawyers "Presidential Award of Merit"
  • We Have Been Included in the List of "Best Lawyers in America" by U.S. News - Best Lawyers®
  • Attorney James Bostwick Is a Certified Specialist by the American Board of Professional Liability
  • We Are Members of the Inner Circle of Advocates, Which Is the Nation’s Top 100 Plaintiff Lawyers