Understanding Medical Malpractice in Neonatal Care
Neonatal care, particularly in Neonatal Intensive Care Units (NICUs), is a highly specialized and sensitive field. Premature babies and critically ill newborns require meticulous attention and specialized care due to their fragile health. However, when healthcare providers fail to meet the established standards of care, the consequences can be devastating, leading to medical malpractice claims.
Medical malpractice in neonatal care is shockingly common. According to one NIH study some 60% of Neonatal Intensive Care Unit (NICU) physicians in the United States will have been implicated in at least one medical malpractice case by their fifteenth year in practice.
This blog explores the key aspects of medical malpractice in neonatal medical care, outlines some basics of medical malpractice law, and explains what to do if you suspect medical malpractice. If you have a medical malpractice lawsuit arising from your child’s neonatal care, call the birth injury attorneys at Magna Law immediately at (763) 438-3032.
Read More: What To Do If Your Child Was Injured During Birth
What Is Medical Malpractice in Neonatal Care?
Medical malpractice occurs when a healthcare provider’s negligence or failure to adhere to the standard of care causes harm to a patient. Neonatal care involves treating fragile and vulnerable patients, often in Neonatal Intensive Care Units (NICUs), where even minor errors can lead to severe consequences.
Medical malpractice in neonatal care involves failing to provide the level of care expected from a reasonably skilled medical professional under similar circumstances. Neonatal malpractice can lead to lifelong disabilities and sometimes even wrongful death. For families dealing with the aftermath of neonatal malpractice, legal action can provide compensation for injuries and hold negligent parties accountable.
Speak to a medical malpractice attorney: (763) 438-3032.
FREE CASE EVALUATION
Understanding Medical Malpractice in Neonatal Care
FREE CASE EVALUATION
Neonatal care, particularly in Neonatal Intensive Care Units (NICUs), is a highly specialized and sensitive field. Premature babies and critically ill newborns require meticulous attention and specialized care due to their fragile health. However, when healthcare providers fail to meet the established standards of care, the consequences can be devastating, leading to medical malpractice claims.
Medical malpractice in neonatal care is shockingly common. According to one NIH study some 60% of Neonatal Intensive Care Unit (NICU) physicians in the United States will have been implicated in at least one medical malpractice case by their fifteenth year in practice.
This blog explores the key aspects of medical malpractice in neonatal medical care, outlines some basics of medical malpractice law, and explains what to do if you suspect medical malpractice. If you have a medical malpractice lawsuit arising from your child’s neonatal care, call the birth injury attorneys at Magna Law immediately at (763) 438-3032.
Read More: What To Do If Your Child Was Injured During Birth
What Is Medical Malpractice in Neonatal Care?
Medical malpractice occurs when a healthcare provider’s negligence or failure to adhere to the standard of care causes harm to a patient. Neonatal care involves treating fragile and vulnerable patients, often in Neonatal Intensive Care Units (NICUs), where even minor errors can lead to severe consequences.
Medical malpractice in neonatal care involves failing to provide the level of care expected from a reasonably skilled medical professional under similar circumstances. Neonatal malpractice can lead to lifelong disabilities and sometimes even wrongful death. For families dealing with the aftermath of neonatal malpractice, legal action can provide compensation for injuries and hold negligent parties accountable.
Speak to a medical malpractice attorney: (763) 438-3032.
Common Causes of Medical Malpractice in Neonatal Care
Several factors contribute to medical malpractice in neonatal care. While no two birth injury cases are exactly the same, several common actions—or inactions—can result in medical malpractice and birth injuries. Common causes of birth injuries include:
Medication Errors
Newborns often require precise doses of medications like antibiotics or respiratory drugs; smaller-bodied patients require smaller doses of medication, and undermedicating or overmedicating can both be disastrous. Medication errors include incorrect dosages or delayed administration, both of which can lead to severe complications, including respiratory distress or cardiac issues.
Failure to Diagnose
One of the primary roles of any healthcare professional is to diagnose conditions as soon as possible so they do not worsen. Care for babies, in particular, requires prompt diagnosis. Conditions like infections, sepsis, or respiratory distress syndrome must be diagnosed and treated promptly. Delays in diagnosis or misdiagnoses can escalate these conditions, leading to life-threatening outcomes.
Improper Use of Medical Equipment
NICU wards use various medical devices to improve a newborn’s health outcomes. Breathing machines (ventilators) and incubators are critical in NICUs; however, even temporary misuse or improper maintenance of these devices can result in infections, injuries, or even suffocation.
Neglect in Monitoring
In smaller patients and patients with compromised immune systems, infection travels fast. That’s why constant monitoring is essential for newborns in NICUs. Negligence in tracking vital signs like oxygen levels or heart rate can delay necessary interventions, worsening the infant’s condition.
Delivery Room Errors
Mistakes during delivery—delayed resuscitation, improper use of delivery tools, and so forth—can result in birth injuries. Sometimes, these mistakes can even lead to lifelong disabilities like cerebral palsy.
Medical malpractice or medical negligence?
Medical negligence refers to a healthcare provider’s failure to meet the standard of care expected in their profession; it may or may not result in harm to the patient. For example, a negligent act may occur when a doctor fails to monitor vital signs properly. Even if no injury occurs, it is still considered medical negligence.
Medical malpractice is a subset of negligence that specifically involves harm caused by the provider’s breach of duty. In malpractice cases, the provider’s hospital mistakes directly result in injury or significant losses to the patient, requiring proof of causation and damages.
The Statute Of Limitations In Minnesota Birth Injury Cases
The statute of limitations for birth injury cases in Minnesota is four (4) years from the date of the alleged negligence. If the injured child is under 18, this is suspended for seven (7) years from the date of the medical malpractice or until the child’s nineteenth (19th) birthday, whichever is first.
The sooner you file a medical malpractice case, the more likely you will be able to collect full, fair compensation on your injury claims. Evidence is generally easier to gather, and eyewitness memories will be fresher with a prompt filing of your claim. To discuss your medical malpractice case, call Magna Law Firm at (763) 438-3032.
Legal Elements of a Neonatal Malpractice Case
As the parent of a child who has suffered a birth injury, the case may seem straightforward. However, the path to legal restitution is not always as simple as it seems. As birth injury lawyers, we want to educate all parents and guardians about the process of pursuing a birth injury lawsuit. Understanding these elements can help parents make informed decisions about their legal course of action.
To establish a viable medical malpractice claim, the following four key elements must be proven:
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Duty of Care
Healthcare providers owe a legal duty of care to both the mother and the unborn child during pregnancy, labor, and delivery. This duty arises from the professional relationship established when medical services are provided, requiring providers to adhere to accepted medical standards. Evidence such as medical records, consent forms, and hospital admissions documents can establish this relationship and confirm the provider’s responsibility.
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Breach of Duty
A breach of duty occurs when a healthcare provider fails to meet the standard of care expected in similar circumstances. Examples include neglecting to monitor fetal distress, improper use of delivery tools, or failing to perform a timely C-section. Proving this requires demonstrating how the provider’s actions or omissions deviated from accepted practices, often supported by expert testimony and medical records.
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Causation
Causation links the breach of duty directly to the injuries sustained by the newborn. It must be shown that the injury would not have occurred if proper care had been provided. Establishing causation often requires detailed timelines, expert witness testimony, and medical records to demonstrate how negligence led to harm. This is often one of the most challenging elements to prove in birth injury cases.
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Damages
Damages refer to the measurable losses suffered due to the injury, including physical harm, emotional distress, medical expenses, and long-term care costs. Evidence such as medical bills, therapy expenses, and expert evaluations can quantify these damages. Both economic (e.g., treatment costs) and non-economic damages (e.g., pain and suffering) are considered in birth injury claims.
IMPORTANT NOTE: These elements often require expert testimony and thorough investigation.
Common Injuries Resulting from Neonatal Malpractice
The consequences of medical errors in neonatal care can be apparent immediately or can take years to reveal themselves; even in seemingly minor cases, injuries resulting from neonatal malpractice can be life-altering. Some common birth injuries include:
Brain Damage
Brain damage in newborns can result from oxygen deprivation, infections, or physical trauma during delivery. These injuries may lead to lifelong conditions like cognitive impairments or motor disabilities if not promptly addressed.
Cerebral Palsy
Cerebral palsy often arises from brain injuries caused by medical negligence, such as delayed C-sections or improper use of delivery tools. It affects muscle control, movement, and coordination, leading to permanent physical disabilities.
Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-ischemic encephalopathy, or HIE, occurs when the brain is deprived of oxygen during labor or delivery. This condition can cause severe neurological impairments or developmental delays if not promptly treated with interventions like neonatal cooling.
Developmental Delays
Medical errors during childbirth can lead to developmental delays, affecting a child’s ability to reach milestones in speech, motor skills, and cognitive function. These delays often stem from brain injuries or oxygen deprivation.
Vision Loss
Vision impairment or blindness in newborns can result from untreated infections, oxygen therapy errors, or brain damage during delivery. Such injuries may have lifelong impacts on the child’s sensory development.
Seizures
Neonatal seizures are often a sign of underlying brain injuries caused by oxygen deprivation or trauma. If left untreated, they can lead to further neurological complications and developmental issues.
Organ Damage
Errors during delivery, such as improper monitoring of oxygen levels or blood flow, can damage vital organs like the heart or kidneys. This damage may require long-term medical care and impact overall health.
Wrongful Death
In severe cases of medical negligence, such as failure to address fetal distress or perform an emergency C-section, the consequences can tragically result in the death of the newborn. These tragic cases, called wrongful death cases, are every new parent’s worst nightmare.
If your child appears to be suffering from any of the above injuries, speak with a birth injury lawyer as soon as possible to discuss your case. Call the birth injury attorneys at Magna Law Firm at (763) 438-3032.
Can medical malpractice in neonatal care be prevented?
Absolutely, yes—in fact, healthcare professionals have a duty to avoid instances of medical malpractice at all times. This may require enhanced training for NICU staff, and regular audits and quality checks within NICUs. Doctors and other medical staff must demonstrate rigorous adherence to protocols for medication administration and equipment use and always communicate concerns and issues with their medical teams.
Work with Magna Law Firm, Minnesota Birth Injury Lawyers
If your family has been affected by neonatal malpractice, consulting an experienced medical malpractice lawyer is crucial. They can help investigate your case, gather evidence, and pursue compensation for your child’s injuries and related losses. The experienced team at Magna Law Firm stands ready to help review your case, explain your legal options, and pursue compensation for your birth injury claim.
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