Can I file a birth injury lawsuit if the birth injury was caused by an act of God?
No, you cannot file a birth injury lawsuit in Hawaii if the birth injury was caused by an act of God. This is because the state of Hawaii does not recognize personal injury claims related to an act of God. A birth injury lawsuit requires negligence or wrongful conduct by a person or entity, not an act of God. Under Hawaii law, an act of God is an event that is beyond human control and is completely unexpected and unavoidable. Examples of acts of God include hurricanes, floods, fires, earthquakes, and other natural disasters. It is possible that a medical professional’s negligence could lead to a birth injury, and this would be eligible for a personal injury lawsuit. But if the medical personnel’s negligence is not to blame, you cannot file a lawsuit against them. When bringing a birth injury lawsuit, you need to provide evidence that the birth injury was directly caused by a person or entity’s actions, not an act of God. You need to prove that the medical professionals involved in the birth were negligent in some way, such as failing to provide appropriate medical care or performing a medical procedure incorrectly. If the injury was caused by an act of God and not negligence, the courts will not grant a birth injury lawsuit.
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