You’re not alone!
Every year, some 300,000 babies are admitted to the Newborn Intensive Care Unit for a host of potentially life-threatening conditions and catastrophic injuries, leaving their parents confused, wondering what went so horribly wrong and what it might mean for the future they envisioned for their child.
Jeffry Killno and his NICU Law team understand that traumatic birth injuries like Cerebral Palsy, neonatal encephalopathy, and hypoxic-ischemic encephalopathy (HIE), among other catastrophic outcomes, are more than medical diagnoses; they represent significant challenges for the children affected, potentially impacting their quality of life forever.
If you’re struggling to understand why your newborn infant was admitted to the NICU rather than the nursery, The Killino Firm will get you the answers you so desperately need.
Giving birth should be a joyful time for every family.
But out of the roughly 3.6 million babies born in the United States each, between 9 and 13 percent will require treatment in the Neonatal Intensive Care Unit for complex medical needs. While a baby can end up in the NICU for reasons ranging from premature delivery and low birth weight to heart problems and severe birth defects, around 30,000 infants are admitted because of traumatic injuries sustained at some point during labor and delivery.
Birth injuries can result from the mechanical forces babies are subjected to while moving through the birth canal during labor and delivery. Sometimes, an infant is unable to tolerate labor due to a lack of oxygen, the presence of a nuchal cord, placental abruptions, or other obstetrical emergencies that necessitate an expedited delivery
Unfortunately, in far too many cases, the trauma inflicted on a newborn was entirely preventable and directly resulted from negligence or incompetence on the part of OB-GYNs, midwives, and other healthcare providers who failed to recognize and adequately respond to obvious signs of fetal distress.
In fact, one study estimated that mothers or their babies in the United States suffer 157,700 avoidable injuries during the birth process every year.
How is this even possible? Unfortunately, labor and delivery can be chaotic, and in most hospitals and medical centers, healthcare providers must typically attend to multiple patients at once. In such a frenzied environment, things can change quickly, resulting in confusion and miscommunication among doctors and staff and leading to preventable medical errors with catastrophic consequences for mother and child:
There is simply no excuse for medical malpractice or negligence. When hospitals, doctors, and staff fail to provide adequate care to a mother and child before, during, or after labor and delivery, they may be held legally responsible for any injuries or disabilities that occur as a result.
Unfortunately, injuries sustained by an infant aren’t always limited to labor and delivery.
While all newborns are fragile, those admitted to the NICU immediately after birth require particularly close monitoring and care. With so little room for error, even a seemingly minor misstep can result in catastrophic harm to the child or worsen their already precarious condition, resulting in permanent disability, cerebral palsy and even the child’s death.
Unfortunately, in far too many cases, the trauma inflicted on a newborn was entirely preventable and directly resulted from negligence or incompetence on the part of OB-GYNs, midwives, and other healthcare providers who failed to recognize and adequately respond to obvious signs of fetal distress.
In fact, one study estimated that mothers or their babies in the United States suffer 157,700 avoidable injuries during the birth process every year.
When a baby in the NICU receives breathing support, precise management of oxygen and carbon dioxide levels is vital. Hypocarbia often occurs due to over-ventilation, which causes the baby to expel too much CO2 and reduces blood flow to the brain. An infant could also experience a pneumothorax (collapsed lung) if a ventilator’s pressure settings are too high or if a healthcare provider inadvertently injured the lung while inserting a breathing tube.
Newborns who are not breathing easily or who have irregular heartbeats must be closely monitored in the NICU. Any delay in resuscitation could cause the baby’s brain to be deprived of oxygen, resulting in brain damage and potentially cerebral palsy. The failure to expeditiously and properly insert a breathing tube can also cause catastrophic oxygen deprivation.
As is the case in most hospital settings, medication errors, such as administering the wrong drug or the incorrect dosage, are common in the NICU. Because they’re so small and their bodies so underdeveloped, premature babies are particularly vulnerable to medication errors
Intracranial hemorrhage (bleeding in the brain) is a severe condition that requires immediate attention. If not managed correctly, the bleeding can lead to permanent brain damage or death. Delays in diagnosis, inappropriate medication, or failure to monitor a baby at risk can increase the likelihood of an adverse outcome.
NE is a syndrome that occurs when a lack of oxygen disturbs normal neurological function in a newborn baby. HIE (hypoxic-ischemic encephalopathy) is the most common cause of neonatal encephalopathy and occurs when an infant’s brain is deprived of oxygen. Treatment of HIE involves therapeutic hypothermia (cooling) and must commence within six hours of birth. Research has shown that hypothermia treatment for HIE can help prevent or reduce the severity of cerebral palsy. The failure to diagnose and treat HIE in a timely manner is negligence. In addition to the brain, NE can also affect the functioning of other internal organs, including the heart, lungs, kidneys, liver and gastrointestinal system.
Infections can be transmitted from mother to baby during pregnancy, or the birthing process, or an infant may become infected shortly after birth. Undiagnosed or improperly treated newborn infections can result in severe inflammation, decrease the flow of oxygenated blood to the brain and cause the baby to develop brain damage and other complications, including cerebral palsy.
Babies who have suffered brain injuries will often experience seizures. While a newborn may exhibit involuntary jerking movements that can last several seconds or a few minutes while having a seizure, there are often no outward signs. HIE is the most common cause of newborn seizures, so babies who have or are suspected of having the condition need to undergo frequent EEGs to determine if seizures are occurring. Failure to recognize and treat seizures in the NICU can result in further brain damage and cerebral palsy.
Neonatal hypoglycemia (NH) occurs when the baby’s blood sugar (glucose) falls to unsafe levels in the first few days after birth. Brain cells will start to die if they receive insufficient glucose, leading to brain damage, seizures, and cerebral palsy. Hypoglycemia is very easy to detect and treat, and healthcare providers who fail to do so are negligent.
PVL is a condition that affects the white matter of the brain – especially during periods of rapid brain growth – and can lead to serious neurological disabilities such as cerebral palsy and other motor disorders. Children with the condition may exhibit developmental delays, motor control issues, muscle stiffness or weakness, problems with vision and hearing, and cognitive impairments. PVL is typically caused by reduced blood flow to the brain, often due to a healthcare provider’s failure to monitor fetal distress, improper handling of infections, or inadequate resuscitation efforts.
Jaundice, caused by high levels of bilirubin in the blood, is common in newborns but can become dangerous if not managed correctly. If bilirubin levels get too high, it can lead to kernicterus, a form of brain damage that often results in cerebral palsy. Any failure to adequately monitor bilirubin levels or initiate treatment in a timely manner constitutes negligence on the part of the responsible healthcare providers.
Caring for a child with severe physical and cognitive disabilities can take a significant toll on you and your family, both emotionally and financially. Depending on the nature and extent of your baby’s birth injury, you are likely to incur significant expenses related to:
If your baby was the victim of medical malpractice before or shortly after birth, taking legal action against the responsible healthcare providers and facilities may be the only way to ensure your child receives the care and support they’ll require for the rest of their lives. If your case is successful, you and your child may be awarded damages for:
If your baby went to the NICU instead of the nursery, you’re probably wondering what went wrong and what your child’s injury might mean for their future and the future of your family. Unfortunately, hospitals and birthing centers are often reluctant to tell parents what really transpired in the labor and delivery suite.
Jeffrey Killino and his NICU Law team have dedicated themselves to safeguarding the rights of injured children and their families. Working with the country’s top medical experts, our attorneys have helped many clients in similar situations. They’re available to discuss the details of your case, provide some feedback, and conduct a comprehensive review of your child’s medical records to get the answers you need and provide insight into your baby’s potential prognosis.
You have a right to know why your baby went to the NICU instead of the nursery.
Contact us at 1-844-NICU-Law or complete our online form to schedule your confidential, no-cost legal and medical review.
Jeffrey Killino has appeared on local and national news programs as an advocate for the injured.
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