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Since 1979, Dov Apfel has been passionate about advocating for birth injury and medical malpractice victims. Mr. Apfel’s career-long record of achievements in birth injury litigation, education, and advocacy has been recognized by the Executive Board of the Birth Trauma Litigation Group of the American Association for Justice. His expertise is demonstrated by his numerous awards, presentations on birth injury topics at legal conferences for organizations like the AAJ and ATLA, and articles published by Trial Magazine and many others.
Read Bio
Since 1979, Dov Apfel has been passionate about advocating for birth injury and medical malpractice victims. Mr. Apfel’s career-long record of achievements in birth injury litigation, education, and advocacy has been recognized by the Executive Board of the Birth Trauma Litigation Group of the American Association for Justice. His expertise is demonstrated by his numerous awards, presentations on birth injury topics at legal conferences for organizations like the AAJ and ATLA, and articles published by Trial Magazine and many others.
Key Takeaways
While medical care for newborns is highly-skilled and specialized, healthcare professionals in a neonatal intensive care unit (NICU) can still make errors — and when they do, it could significantly impact a child’s quality of life permanently.
When NICU workers allow a child to suffer preventable injuries, they need to be held accountable for their negligence. In this guide, the experienced Illinois medical malpractice lawyers at Levin & Perconti explain what parents need to look out for in the NICU and what steps to take after a birth injury.
What Is NICU Negligence?
NICU negligence, or neonatal malpractice, is when a preventable error causes harm to a NICU patient because a medical provider did not meet the accepted standard of care. In malpractice cases, the “standard of care” is the medical community’s consensus best practice in a particular situation.
Not every poor outcome is negligence, and even a preventable injury may not always qualify as malpractice. An unforeseen complication can harm a newborn who was receiving the best possible care. However, if a doctor performs a procedure incorrectly, fails to properly monitor a patient, or provides the wrong treatment, they may be liable for any injuries that result.
What Are Common Examples of NICU Negligence?
Some of the most common types of malpractice and negligence seen in the NICU include:
- Delayed diagnosis or treatment: In their vulnerable state, an untreated infection could be fatal for a newborn. Failing to diagnose and respond to a birth injury could also lead to lifelong disabilities.
- Medication mistakes: Dosing and application errors could result in a newborn receiving too much or too little medication, with devastating effects.
- Oxygen mismanagement: When a newborn is on a ventilator, the wrong amount of oxygen can cause brain damage.
- Poor monitoring: NICU professionals know how to spot potential problems in a newborn based on vital signs, but they can’t prevent complications if they aren’t checking in enough.
- Inadequate staffing: When there aren’t enough workers to handle all the care needs in a crowded NICU, newborns might suffer from preventable complications.
What Are Some Injuries and Conditions Linked to NICU Negligence?
If your premature baby is dealing with one of the following conditions, neonatal malpractice might be the culprit:
- Hypoxic-ischemic encephalopathy: HIE is a significant birth injury caused by a newborn’s brain not getting enough oxygen or blood during delivery. If staff don’t start cooling therapy on an affected infant within six hours, they may be liable for negligence.
- Cerebral palsy: CP is a permanent neurological condition that affects motor function with varying degrees of severity. It’s usually caused by oxygen deprivation or other birth complications and can result from HIE.
- Intraventricular hemorrhage: IVH is a type of brain bleed common in premature infants that can have a variety of impacts depending on its severity.
- Periventricular leukomalacia: PVL, or damage to the white matter of the brain, also develops from a lack of oxygen or blood flow and usually impacts premature newborns.
Neonatal infections, as well as vision or hearing loss, are also complications that could be linked to NICU negligence. Some injuries might take a significant amount of time to show, only becoming apparent after your child experiences developmental delays.
What Are Signs That NICU Negligence May Have Harmed My Baby?
It can be hard to determine exactly what caused a neonatal complication without an independent medical evaluation, but you may notice some red flags indicating potential negligence. Signs to look out for include:
- An unexplained decline in your child’s health while being treated in the NICU
- Vague or contradictory explanations from NICU workers about what happened to your child
- Inconsistencies in your child’s medical records
- An unexpected diagnosis of a condition related to birth injuries
- Your child is missing developmental milestones, despite being given a clean bill of health before leaving the NICU
What Should I Do If I Suspect Neonatal Malpractice?
Learning that your baby may have been a victim of malpractice can be confusing and stressful, but parents are not expected to prove negligence on their own. Legal and medical professionals can help you determine whether NICU negligence occurred. If you suspect neonatal malpractice, begin building your case through the following steps:
- Request and preserve your child’s medical records.
- Take notes about what you remember from the NICU, including dates, details of conversations, and other observations that might be relevant.
- Schedule an appointment with an independent medical expert for an evaluation of your child’s condition and what may have caused it.
- Reach out to a trusted birth injury attorney for a free, informative review of your case.
Contact Us Today to Understand Your Legal Options as a Parent
You may feel uncertain, uncomfortable, and anxious when it comes to taking legal action, but pursuing a claim can help you gain clarity regarding your child’s injury, hold those responsible accountable, and recover the compensation your family needs to support your child’s long-term care.
The experienced Chicago birth injury lawyers at Levin & Perconti have over 400 years of combined experience helping families throughout Illinois get the justice they deserve. Our team can investigate your claims, consult with experts to prove NICU negligence, and secure a fair deal that fully compensates your family. Contact us online or call (312) 332-2872 today to schedule your free consultation.
NICU Negligence FAQs
How Can I Tell if My Baby’s NICU Outcome Was Preventable?
It can be difficult to determine whether negligence was involved in NICU treatment by yourself. If you suspect your child’s injury was preventable, an experienced attorney can review your case and engage medical experts to uncover potential malpractice.
Can Problems From NICU Care Show Up Later?
Yes, it’s possible for NICU injuries to present years later. Some conditions are difficult to detect until your child begins missing developmental milestones.
When Should I Consider Speaking to a Professional About Possible Negligence?
If you suspect NICU negligence, you should contact an experienced birth injury lawyer as soon as possible. A trusted attorney can evaluate your case through a free consultation, providing clarity without any obligations.
