Injuries Caused by NICU Negligence

The Neonatal Intensive Care Unit (NICU) is a specialized hospital unit that provides lifesaving, stabilizing treatment to medically fragile newborns. It features specialized equipment, including protective incubators that help maintain optimal body temperature and assistive breathing machines. Infants may spend time in the NICU to help them recover from delivery complications. Babies born prematurely may be in the NICU for weeks or months before they can go home safely.

NICUs are staffed by specialized medical personnel who provide round-the-clock care and support. They use a variety of machines to monitor each child’s vital signs and medical condition. If they fail to observe changes or warning signs of distress, delay treatment, or otherwise fail to follow the established standard of care, the results can be devastating.

What Is NICU negligence?

The NICU is one of the most complex areas of any hospital, filled with high-risk infants who need constant monitoring and immediate intervention if their conditions change. Modern NICU technology and medical practices make it possible for many infants to overcome serious health complications. Unfortunately, even the best NICU care can’t save every child or prevent every adverse outcome.

However, some NICU injuries result from negligence. Because these babies are so vulnerable, even small mistakes can cause serious injuries. NICU negligence occurs when doctors, nurses, or hospital staff fail to meet accepted standards of neonatal care, and that failure causes injury or death. Hospitals and medical organizations may be liable for negligence if they adopt or accept practices that fall below the acceptable standards of patient safety. These systemic failures may include inadequate hygiene and safety protocols or chronic understaffing.

Forms of NICU negligence that can cause injuries include:

• Delayed response to signs of distress. Not taking in enough oxygen is bad for any patient, but it’s especially dangerous for premature, underdeveloped, or medically fragile babies. Immediate intervention is necessary if a baby’s oxygen levels, heart rate, or temperature drop. If staff fail to notice the warning signs and respond promptly, the baby could suffer permanent brain injury or death.

• Failure to recognize or treat infection. Sepsis occurs when the body’s immune system overreacts to an infection. It can develop and spread quickly through a NICU patient’s tiny body. Failure to start antibiotics, order lab work, or escalate care can allow the infection to spread, cause organ damage, neurological injury, or death.

• Improper management of meconium aspiration. Meconium is the first stool produced by babies. If they pass meconium during the labor process, these waste products can mix with the amniotic fluid that surrounds them in the womb. Inhaling meconium can obstruct a baby’s airway and cause hypoxia (brain damage caused by oxygen deprivation). Improper or delayed suctioning or respiratory support can lead to respiratory failure or long-term pulmonary issues. NICU staff must work closely with the labor and delivery team to ensure meconium aspiration is identified promptly and treated correctly.

• Medication and dosage errors. Tiny bodies are especially sensitive to medication errors. Administering a single incorrect dose can cause severe, irreparable harm.

• Inadequate supervision or training. Hospitals must ensure all NICU staff, including residents, nurses, and respiratory therapists, are properly trained and supervised. Failing to do so can increase the overall risk of negligent care and mistakes.

• Failure to communicate between shifts or providers. Miscommunication about a baby’s condition, test results, or care plan can delay critical treatment and worsen outcomes.

Many NICU injury cases involve more than one negligent act or omission. An experienced medical malpractice attorney will work with neonatal care experts to review the medical records and identify any deviations from the expected standard of care. They can help you hold care providers and hospitals responsible for their negligence.

How NICU Negligence May Lead to Long-Term Injury

Because newborns’ organs and brains are still developing, any period of oxygen deprivation, infection, or untreated distress can have lifelong consequences. Injuries linked to NICU negligence include:

• Cerebral palsy and developmental delays.
• Seizure disorders.
• Feeding and respiratory difficulties.
• Vision or hearing impairment.
• Growth and learning delays.
• Chronic lung disease (from untreated aspiration or ventilator mismanagement).

These conditions often require years of therapy, medication, and specialized education. Some may be permanent – or fatal.

Indications of NICU Negligence

Sometimes, parents don’t realize something went wrong in the NICU until months or even years later. Signs that may indicate an injury caused by NICU negligence include:

• Missed milestones or developmental regression.
• Abnormal muscle tone (stiffness or floppiness).
• Feeding difficulties that persist after infancy.
• Imaging that shows unexplained brain or neurological abnormalities.

NICU records showing abnormal vital signs, incomplete lab results, or delayed treatment notes can be critical evidence of negligence. An attorney can help you collect the evidence you need to support a medical malpractice claim against a hospital and NICU care providers.

Pursuing a NICU Malpractice Claim in Michigan

When hospitals or providers fail to deliver appropriate care, families can pursue a medical malpractice claim to hold them accountable and recover compensation. This can help them secure the resources their children will need for life. If your baby was injured in a Michigan NICU due to negligent care, you may have grounds for a lawsuit.

Generally, Michigan malpractice claims must be filed within two years of the negligent act or within six months of discovering an injury. However, special rules extend the time 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 allows families to seek compensation for many types of damages. These include:

• Past and future medical care expenses.
• The cost of specialized therapies (physical, occupational, and speech).
• Assistive equipment and adaptive technology.
• Educational support.
• Pain and suffering.
• Emotional distress and loss of enjoyment of life.

Michigan law “caps,” or limits, the amount of non-economic damages, such as pain and suffering, that a family can recover in a medical malpractice action. There is no limit to the amount of economic damages you can recover, including medical expenses, the projected cost of future care, and lost earning potential.

Michigan medical malpractice claims have numerous deadlines and procedural requirements that exceed those that apply to other personal injury claims. It’s essential to consult a Michigan malpractice attorney experienced in birth and NICU injury cases. They will review your child’s medical records, work with neonatal and medical experts, and calculate lifetime-care costs to ensure you recover full 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. If you suspect your baby’s NICU injury resulted from negligence, don’t wait to get answers. Contact the experienced Michigan birth injury lawyers at Sommers Schwartz, P.C., to schedule a free, confidential, no-obligation consultation.