Most birth injuries result from errors during pregnancy, labor, and delivery. However, medical errors prior to birth are not the only concern. Errors in the neonatal intensive care unit (NICU) are a very real concern as well, and NICU errors are also to blame for preventable birth injuries in many cases.
If you believe that a NICU error may be to blame for your child’s birth injury, you should consult with an experienced birth injury lawyer promptly. A lawyer who has experience handling these cases on behalf of new parents will be able to assess your legal rights and take appropriate legal action on your behalf, if warranted.
Just like errors during pregnancy, labor, and delivery, errors in the neonatal intensive care unit can take many different forms. When a newborn needs intensive care shortly after birth, it is absolutely imperative that the newborn receives care consistent with the standards of the medical profession. Receiving substandard care at this stage can have serious consequences—including life-altering consequences in some cases.
Unfortunately, despite this being the case, NICU errors are not uncommon. Some examples of NICU errors that can (and do) cause preventable birth injuries include:
Misdiagnosis, delayed diagnosis, and failure to diagnose are all common errors that can lead to newborns not receiving the treatment they need. A misdiagnosis can also result in a newborn receiving unnecessary treatment, which can potentially be dangerous as well.
Once a newborn receives a diagnosis in the NICU, the newborn should receive appropriate treatment in a timely manner. If NICU staff failed to provide necessary treatment, this can have long-term (if not irreversible) consequences in some cases. For example, when a newborn is diagnosed with hypoxic-ischemic encephalopathy (HIE), providing cooling therapy in the NICU can be critical for preventing cerebral palsy (CP), brain damage, and other consequences.
Along with failing to provide treatment, providing delayed treatment can also have devastating consequences. In the NICU, time is often of the essence. If a newborn does not timely receive the treatment he or she needs, this is an error that will clearly warrant legal action in many cases.
Of course, taking action in a timely manner is just the first step. Errors during treatment in the NICU can (and often do) warrant medical malpractice claims as well. This includes everything from improperly placing umbilical catheters to failing to identify the need for escalation of care.
While hospitals should not keep newborns in the NICU longer than necessary, they must also avoid the mistake of discharging newborns too soon. Premature discharge can lead to emergency situations in which newborns do not have timely access to the treatment they need.
Unfortunately, as we said above, these are just examples. NICU errors can (and do) take many other forms as well. If you have questions or concerns about the care your newborn received in a Chicago-area NICU for any reason, you should contact a lawyer promptly to discuss your family’s legal rights.
If your newborn has been diagnosed with a birth injury after spending time in a neonatal intensive care unit, it will be important to determine if a NICU error is responsible for your child’s diagnosis. This will involve hiring an independent medical expert (one unaffiliated with the hospital where your newborn was treated) to evaluate the treatment your newborn received.
Once you hire a lawyer to represent your family (which you can do at no out-of-pocket cost), your lawyer will engage an expert to evaluate your newborn’s care. If a claim for medical malpractice is warranted, your lawyer will then take appropriate legal action on your behalf. Depending on the circumstances, your lawyer may be able to seek compensation for:
Scheduling a free initial consultation is the first step in the process. To help maximize your family’s chances of recovering just compensation, you should start the process promptly.
If you have questions about your family’s legal rights related to your newborn’s birth injury diagnosis, we can explain everything you need to know.
Contact Coplan + Crane today online or at (312) 982-0588 for a FREE case evaluation. Our Chicago birth injury lawyers help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas.
