When your newborn is transferred to the Neonatal Intensive Care Unit (NICU), it is often a time filled with uncertainty, fear, and confusion. As a parent, it can be devastating to learn that your child has to go to the NICU. That fear should be calmed by the competency and high care standards of the NICU healthcare providers. Unfortunately, that isn’t always the case. 

Instead of your baby getting better from the care provided in the NICU, your child’s health declines due to the negligence of the nurses, doctors, or technicians. These injuries can have lasting and severe consequences for your child, and it is crucial to understand how they can happen, their potential impact, and why you may need an experienced medical malpractice attorney to pursue justice for your child and your family.

What is the NICU and its Purpose?

The NICU is a specialized hospital unit designed to care for critically ill or premature newborns. Babies admitted to the NICU often require around-the-clock monitoring, specialized medical equipment, and expert care from neonatologists, nurses, and other medical staff. The NICU is intended to provide the highest level of care, offering life-saving treatments and interventions for babies who may be too fragile to survive in a standard nursery. However, the complexity of the medical interventions required in the NICU also means that the risk of errors or oversights is higher, and such errors can lead to significant and permanent injuries.

Common NICU Birth Injuries

While the NICU is supposed to be a place of healing, there are instances where medical errors, neglect, or inadequate care can cause harm to vulnerable newborns. These injuries can vary in severity and impact, but they often result in long-term physical, cognitive, and developmental challenges for the child. Below are some of the most common types of injuries that can occur in the NICU, how they happen, and the lasting harm they can cause.

Infections

Infections are one of the most common and serious risks faced by newborns in the NICU. Due to their premature birth and/or medical conditions, babies in the NICU often have weakened immune systems and are highly susceptible to infections. When an infection is not promptly diagnosed and treated, it can spread quickly and cause significant harm.

How Infections Can Occur:

Hospital-Acquired Infections (HAIs) can be transmitted in a variety of ways, including through contaminated medical equipment, inadequate hand hygiene by medical staff, or improper sterilization practices. These infections can include sepsis, meningitis, pneumonia, and urinary tract infections.

Failure to Monitor or Isolate the Baby can allow exposure to harmful bacteria or viruses, putting the newborn at risk. For example, a failure to properly isolate a baby with an infection can lead to the spread of contagious illnesses to other infants in the NICU.

The Harm Caused by Infections:

Sepsis: A life-threatening condition where the body responds to an infection by releasing chemicals that can cause widespread inflammation and organ failure. Babies who survive sepsis may experience long-term developmental delays, cognitive impairments, and other health complications.

Meningitis: An infection of the brain’s protective membranes, which can cause neurological damage. Babies who develop meningitis may suffer from hearing loss, learning disabilities, motor impairments, or developmental delays.

Pneumonia: A respiratory infection that can damage the baby’s lungs. Infants with pneumonia may require prolonged respiratory support and may face long-term respiratory issues, including chronic lung disease or difficulty breathing.

Brain Injuries

Newborns in the NICU, especially those born prematurely, are at risk for various types of brain injuries. These injuries can occur as a result of complications during labor and delivery, or due to improper handling or medical intervention in the NICU. The brain is still developing during the early days of life, making it particularly vulnerable to injury.

How Brain Injuries Can Occur:

Intracranial hemorrhage (ICH): This occurs when blood vessels in the brain rupture, leading to bleeding inside the brain. ICH can occur due to trauma during birth, but it can also happen in the NICU if proper care is not provided. For example, if a baby is moved improperly, or if there is a failure to monitor vital signs and detect the warning signs of a brain bleed, an ICH can occur.

Hypoxia (Lack of Oxygen): Premature babies or those who require respiratory support in the NICU may suffer from oxygen deprivation, which can result in brain damage. If the baby’s oxygen levels are not properly monitored or if there is a delay in responding to oxygen desaturation, it can lead to significant neurological harm.

The Harm Caused by Brain Injuries:

Cerebral Palsy: Brain injuries, particularly those that involve the motor centers of the brain, can lead to cerebral palsy. This condition affects a baby’s ability to control their movements, resulting in motor impairments such as difficulty with walking, speaking, or using their hands.

Developmental Delays: Brain injuries can impact a baby’s cognitive abilities, leading to delays in learning, communication, and motor skills. Children with brain injuries may require special education services and therapy throughout their lives.

Injury from Medical Equipment and Procedures

In the NICU, babies often rely on life-saving medical equipment, such as ventilators, feeding tubes, and IV lines, to support their growth and survival. Unfortunately, improper use or placement of medical devices can lead to injury.

How Medical Equipment Can Cause Harm:

Ventilator-Related Injuries: A ventilator is often used to help premature infants breathe, but improper settings or prolonged ventilation can lead to lung injury, including ventilator-associated lung damage or chronic lung disease (bronchopulmonary dysplasia). If a ventilator is not properly adjusted to suit the baby’s needs, it can cause long-term respiratory problems.

Feeding Tube Injuries: Feeding tubes are essential for infants who are too weak or too premature to feed on their own. However, if the tube is improperly inserted or becomes dislodged, it can cause trauma to the baby’s gastrointestinal tract, leading to internal injuries or infections.

IV Infiltration or Extravasation: When intravenous lines are improperly placed or when the IV fluids leak into surrounding tissues, it can cause swelling, tissue damage, and infections. In severe cases, this can lead to long-term scarring or disfigurement.

The Harm Caused by Medical Equipment Injuries:

Chronic Lung Disease: Injuries to the lungs from mechanical ventilation can lead to a lifelong condition, such as bronchopulmonary dysplasia, which requires ongoing medical care and may impact the child’s ability to breathe normally.

Feeding Problems and Gastrointestinal Issues: If a feeding tube causes injury to the baby’s stomach or intestines, it can lead to long-term feeding issues, requiring surgery or other medical interventions.

Failure to Respond to Emergencies or Complications

In the NICU, babies can experience sudden and severe complications that require immediate intervention. A failure to quickly recognize and respond to changes in a baby’s condition can result in irreversible harm.

How Failure to Respond Can Occur:

Failure to Recognize Signs of Distress: Babies in the NICU are fragile, and their health can deteriorate quickly. If medical staff fail to recognize subtle signs of distress, such as abnormal heart rate, breathing difficulties, or changes in skin color, it can delay critical interventions.

Delayed Response to Emergencies: In rare cases, medical staff may delay or neglect to perform emergency procedures, such as resuscitation or the administration of life-saving medications. This delay can have catastrophic consequences, including brain damage or death.

The Harm Caused by Delayed Response:

Permanent Neurological Damage: A failure to quickly address a critical condition can result in brain damage, cerebral palsy, or other neurological impairments that will require a lifetime of care.

Death: In the most tragic cases, a failure to respond to a medical emergency can lead to the death of the infant.

Why You Need an Experienced Medical Malpractice Attorney

If your child has suffered an injury while in the NICU, it is crucial to understand that you may have legal recourse. Medical malpractice laws are complex in Missouri, Illinois and across the country, and pursuing a claim for NICU injuries requires a skilled attorney with experience in medical negligence. 

At Gunn | Slater, we are knowledgeable attorneys who will help you navigate the legal process, conduct a thorough investigation into the cause of the injury, and ensure that your family receives the compensation you deserve for the harm your child has suffered.

The emotional, physical, and financial toll of a NICU injury can be overwhelming. You should not have to bear the burden of these costs alone, especially if the injury could have been prevented with proper care. Experienced medical malpractice attorneys, like Gunn | Slater, can advocate for your child’s future and work to secure the financial resources needed to cover medical expenses, long-term care, pain and suffering, and other damages related to the injury.

Medical Expenses

The immediate medical expenses for a baby in the NICU can be extraordinarily high. Depending on the severity of the injury, your baby may need months or even years of specialized care, including physical therapy, speech therapy, and ongoing medical treatments. For premature babies, the cost of care can continue long after they leave the NICU.

Long-Term Disability

Many NICU injuries result in long-term disabilities that will require lifetime care. These can include cerebral palsy, developmental delays, learning disabilities, and physical impairments. The costs associated with long-term care, including special education and adaptive equipment, can be immense.

Pain and Suffering

NICU injuries are not only physically traumatic for the baby, but can also lead to significant emotional and psychological pain for the parents. The anguish of seeing your child suffer and the uncertainty you feel about their future can be overwhelming. In some cases, the emotional toll on parents may warrant compensation for pain and suffering.

Loss of Quality of Life

A baby who suffers a NICUinjury may face challenges that affect their quality of life for years to come. From difficulty walking or speaking to intellectual impairments, the effects of a NICU injury can limit the child’s ability to live a full, independent life. The child may also require a lifetime of assistance with daily activities.

Why You Need a Skilled Medical Malpractice Attorney Like Gunn | Slater

When your baby has suffered a NICU injury, the last thing you should have to worry about is navigating a complex legal process on your own. We are skilled and experienced medical malpractice attorneys who specialize in birth and NICU injuries and can help ensure that you receive the compensation you and your family deserve to cover medical expenses, future care, pain and suffering, and other damages.

Investigating the Cause of the Injury

We can conduct a thorough investigation into what caused the injury. We will work with medical experts to determine whether the injury could have been prevented and whether medical negligence played a role in the baby’s harm.

Fighting for Your Rights

Medical malpractice claims can be complicated and often involve powerful hospitals and insurance companies. A compassionate attorney who understands what you are going through will fight tirelessly to protect your rights and hold those responsible accountable for their actions.

Securing Financial Compensation

By hiring Gunn | Slater, you can focus on your child’s recovery while your legal team works to secure financial compensation for the damages incurred. This can include compensation for past and future medical bills, physical therapy, emotional suffering, and lost wages if you are unable to work due to caring for your baby.

Call Gunn | Slater So We Can Help

The NICU is a place of critical care and healing, but it is also a setting where medical mistakes can have devastating consequences for vulnerable newborns. If your child has suffered an injury in the NICU, it is essential to understand the potential causes and long-term impacts of those injuries. At Gunn | Slater, we are experienced and compassionate medical malpractice attorneys who can guide you through the legal process and fight for the justice your family deserves. Your baby’s future and well-being are too important to leave to chance—seek legal representation that can help you secure the best possible outcome for your child’s care and recovery.