Did Neonatal Negligence Cause Your Baby’s Birth Injury?

A newborn is extremely vulnerable during their first 28 days of life. According to the World Health Organization, 47% of all deaths in children under five occur during this “neonatal” period. The leading causes of neonatal deaths are premature birth, birth complications such as asphyxia or trauma, infections, and congenital anomalies.

When there are complications during childbirth, labor and delivery professionals must act promptly to protect the baby’s health. Doctors, nurses, and other assistants must watch for any signs of distress and take immediate action. They may transfer the child to the neonatal intensive care unit (NICU), a specialized hospital ward equipped with advanced equipment and highly trained neonatal care professionals.

Neonatal negligence happens when medical professionals fail to provide the level of care that a reasonably competent provider would have under similar circumstances. If that negligence harms your child, you may be able to pursue a medical malpractice lawsuit. A Michigan medical malpractice claim can help families recover compensation for their child’s injuries and provide them with the financial resources to provide the best care and resources for their child.

Common Forms of Neonatal Negligence

Several types of medical errors that can cause life-altering injuries can occur during the critical minutes and hours after birth. Among the most devastating are:

1. Failure To Perform Timely Cooling for Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-ischemic encephalopathy (HIE) occurs when a baby’s brain doesn’t get enough oxygen during or shortly after birth. Cooling therapy (therapeutic hypothermia) can help control HIE. This process utilizes a cooling cap or blanket to significantly reduce the baby’s body temperature, thereby slowing their metabolism and allowing damaged cells to recover.

However, medical professionals must start the cooling process promptly (ideally within six hours of birth) for it to be effective. If medical staff fail to diagnose HIE or delay cooling when it is appropriate, a baby can suffer irreversible brain damage, cerebral palsy, developmental delays, or seizures.

2. Delayed Intubation or Airway Management

Birth asphyxia describes insufficient oxygen to a newborn before, during, or after delivery. Symptoms include bluish or pale skin, a weak cry, poor muscle tone, and abnormal heart rate or breathing. Hospitals must ensure labor and delivery teams are trained to identify birth asphyxia and take immediate, appropriate action. A delayed or botched airway intervention can cause serious short and long-term complications like brain and organ damage, seizures, and developmental delays.

3. Mishandling of Umbilical Catheter Placement

An umbilical catheter is a thin, flexible tube inserted into the part of the umbilical cord that remains attached to a newborn baby (what will eventually be their belly button). It allows doctors to access the baby’s circulatory system more easily than through their tiny, fragile blood vessels. They can use an umbilical catheter to monitor the child’s vital signs and deliver medications efficiently and safely.

If an umbilical catheter is placed incorrectly, it can cause internal bleeding, organ injury, or infection. Neonatal care teams must ensure correct placement and closely monitor a baby with an umbilical catheter for signs of distress or complications.

4. Delayed Recognition and Treatment of Infection

Newborns’ immature immune systems are particularly susceptible to infections. Neonatal care providers must be able to recognize and respond immediately to subtle signs that a child may be developing an infection. These symptoms may include temperature instability, difficulty feeding, or lethargy. If they fail to respond appropriately, such as by performing blood tests, starting antibiotics, and escalating care, an infection can lead to sepsis or meningitis. These complications can cause lifelong disabilities.

Neonatal Negligence and Michigan Medical Malpractice Claims

An adverse medical outcome may be malpractice if a provider failed to meet the expected standard of care, directly causing harm to your child. When the negligence of a hospital or care provider injures a child, family members can pursue a medical malpractice claim. This type of case can hold healthcare providers accountable and help families secure the resources their children will need throughout their lives. If your baby was injured due to negligent neonatal care, you may have grounds for a lawsuit.

Generally, Michigan malpractice claims must be filed within two years after the injury occurs (or six months after discovering the injury). However, there are a few extensions for children and their families to pursue these claims. For many birth-related injuries, you may have until the child’s tenth birthday to begin a claim.

A Michigan medical malpractice lawsuit enables families to seek compensation for various types of damages, including unlimited economic losses. These may include expenses for past and future medical care, specialized therapies, assistive technology, and other costs related to long-term disability management.

Families can also pursue compensation for “non-economic” damages such as pain and suffering, emotional distress, and loss of a normal life. Michigan law limits, or “caps,” non-economic damages in medical malpractice actions. An experienced medical malpractice attorney can explain how caps and time limits apply to your case and your options for pursuing compensation.

Consult an Experienced Michigan Birth Injury Attorney

Michigan law imposes numerous deadlines and procedural requirements on medical malpractice claims, making them more complicated than other personal injury claims. Birth injury claims have their own challenges, including fully and correctly valuing your child’s damages and securing skilled expert testimony.

A Michigan malpractice attorney with proven experience in birth and neonatal injury cases can help steer you through the storm. Your lawyer will guide you through every step of the process, including reviewing your child’s medical records, working with neonatal and medical experts, and building a compelling case for compensation.

Taking legal action can help you recover the financial support you need to provide your child with the best available therapies, equipment, and education throughout their life. Holding negligent providers responsible also helps improve care standards and protect other vulnerable patients. If your baby suffered a brain injury, infection, or other complications due to negligent neonatal care in Michigan, contact Sommers Schwartz, P.C., to schedule a free, confidential, no-obligation consultation.