It can. When problems in the NICU, such as untreated infections, oxygen or breathing mismanagement, or a missed treatment window, injure a baby’s brain, the result can include cerebral palsy, developmental delays, seizures, or vision and hearing problems. Not every NICU injury leads to a lasting condition, and many babies recover fully. When lasting harm does occur, understanding what happened is an important step.
Understanding NICU Injuries and Negligence
When a newborn needs intensive care, families trust the NICU team to protect their most fragile patients. This page is here to help you understand what NICU negligence is, how it can happen, and the options available to your family if something went wrong.
What is the NICU?
The neonatal intensive care unit, or NICU, is a specialized hospital unit that cares for newborns who are premature, critically ill, or otherwise need close medical attention. Babies in the NICU often depend on around-the-clock monitoring, specialized equipment, and a team of neonatologists, nurses, and technicians. Because these babies are so fragile, small mistakes or delays can have serious and lasting consequences.
What is NICU negligence?
NICU negligence happens when the care a baby receives in the NICU falls below the accepted medical standard and the baby is harmed as a result. It is important to know that a poor outcome is not the same as negligence. Many babies in the NICU are seriously ill, and even excellent care cannot guarantee a good result. Negligence refers specifically to situations where a preventable error, a missed warning sign, or a delay in treatment caused harm that careful care would have avoided.
Signs that something may have gone wrong
It is not always obvious to parents when a NICU injury is the result of a mistake rather than an unavoidable complication. Some signs that may be worth a closer look include:
- A baby whose condition suddenly worsened without a clear explanation
- An infection, injury, or complication that appeared after admission to the NICU
- A treatment, test, or medication that seems to have been delayed or missed
- A diagnosis of a condition that is often preventable with proper monitoring, such as advanced jaundice or a serious infection
- Conflicting explanations from staff about what happened
Noticing one of these does not mean negligence occurred, but it can be a reason to have the medical records reviewed.
When NICU care may be medical malpractice
Not every NICU injury is the result of negligence. That said, certain circumstances may point to a failure in care, such as:
- Medication errors, including the wrong drug, wrong dose, or wrong timing, which are especially dangerous in tiny patients
- Failing to recognize and treat an infection such as sepsis in time
- Poor management of a baby’s breathing or oxygen, which can lead to brain injury or eye damage
- Failing to monitor for and respond to problems like low blood sugar, jaundice, or brain bleeds
- Improper placement or use of feeding tubes, IV lines, or breathing equipment
- Missing the window for time-sensitive treatments, such as cooling therapy for HIE
- Feeding practices that raise the risk of serious intestinal injury in fragile premature babies
Whether a case involves malpractice depends on the medical records and the specific facts. The attorneys at Wais, Vogelstein, Forman, Koch & Norman, LLC work with medical experts to review the care that was provided, determine whether the standard of care was met, and help families understand whether the harm could have been prevented.
Common NICU injuries we handle
NICU negligence can take many forms. Below are some of the injuries and conditions our team sees most often, each linking to a page with more detail on causes, signs, and when the injury may point to negligence.
Newborn infections and sepsis: Infections that are not caught or treated quickly enough can spread and become life-threatening.
Untreated jaundice and kernicterus: When severe jaundice is not monitored and treated, high bilirubin levels can cause a preventable brain injury.
Low blood sugar (hypoglycemia): Unrecognized or poorly managed low blood sugar can harm a newborn’s brain.
IV infiltration and extravasation: When IV lines are misplaced or fluids leak into surrounding tissue, the result can be swelling, tissue damage, and scarring.
Retinopathy of prematurity (ROP): An eye condition in premature babies that can lead to vision loss when oxygen is mismanaged or screening is missed.
Missed or mismanaged cooling for HIE: Cooling treatment for oxygen-related brain injury is time-sensitive, and delays can mean lasting harm.
Complications of prematurity: Premature babies face a range of risks that call for careful, specialized monitoring and care.
If your baby was harmed in the NICU
If your baby was harmed in the NICU and you are wondering whether it could have been prevented, you do not have to sort through it alone. The team at Wais, Vogelstein, Forman, Koch & Norman, LLC has spent decades helping families understand what happened in the hospital and seek accountability when the standard of care was not met. We work with medical experts to review the records, answer your questions, and explain your options at no cost to you.
To speak with our team, contact us or call 410-998-3600 for a free consultation.
Frequently Asked Questions
Common questions about NICU negligence.
If your baby spent time in the NICU and you have concerns about their care, you likely have questions. Here are answers to a few of the most common ones.
Can NICU negligence lead to lasting conditions like cerebral palsy?
Is every bad outcome in the NICU medical malpractice?
No. Babies in the NICU are often very sick or extremely premature, and even the best possible care cannot guarantee a healthy outcome. Malpractice refers specifically to harm caused by care that fell below the accepted standard, such as a preventable error, a missed diagnosis, or a delay in treatment. Reviewing the medical records is the best way to understand whether the standard of care was met.
What should I do if I think my baby was harmed in the NICU?
If you believe your baby was harmed by a NICU error, it helps to gather what you can, including your baby’s medical records and any notes about what you observed. From there, having the records reviewed by professionals who understand neonatal care can help you understand whether the harm could have been prevented. Wais, Vogelstein, Forman, Koch & Norman, LLC works with medical experts to look closely at what happened.
How long do we have to file a claim?
The deadline to file depends on the state where the care took place, and the time limits for a child’s case can differ from those for an adult. Because these rules vary and can be strict, it is best to speak with an attorney as early as possible so no important deadline passes. Wais, Vogelstein, Forman, Koch & Norman, LLC handles cases nationwide and can help you understand the deadline that applies to your situation.
