When your newborn is admitted to the Neonatal Intensive Care Unit (NICU), you hope they receive the highest care level during a critical time. However, when that trust is broken due to NICU malpractice, the consequences can be devastating. If your baby suffered harm in the NICU, you may be wondering what went wrong and what to do next.
At Brockstedt Mandalas Federico LLC, we understand how emotionally overwhelming these situations can be. Our experienced medical malpractice attorneys are here to help families understand their rights and pursue justice.
A Parent’s Worst Nightmare: When the NICU Isn’t Safe
The NICU exists to support newborns who need specialized medical care after birth. Many of these infants are premature, have low birth weight, or have experienced complications during delivery. These cases demand precise, around-the-clock attention.
Unfortunately, mistakes can happen even in the most advanced medical facilities. When they do, the consequences can include long-term disability, permanent injury, or worse. When a newborn’s condition worsens without a clear explanation, or when communication with NICU staff leaves you with more questions than answers, it may be time to consider whether medical negligence was involved.
Understanding NICU Malpractice
NICU malpractice occurs when a healthcare provider fails to meet the accepted standard of care in treating a newborn in the NICU, and that failure causes harm. This isn’t about bad outcomes alone. Malpractice requires a clear deviation from what other reasonably competent professionals would have done in the same situation.
Some common examples of NICU malpractice include:
- Failure to monitor vital signs or respond to distress;
- Improper medication or dosage errors;
- Delayed treatment for infections or respiratory issues;
- Misuse of medical equipment (e.g., ventilators or IV lines);
- Failure to diagnose or treat jaundice, sepsis, or other complications; and
- Negligent supervision of residents, interns, or nursing staff.
Each of these actions, or inactions, can lead to devastating consequences. Conditions such as cerebral palsy, brain damage, or lifelong developmental challenges can arise from avoidable errors.
Importantly, proving NICU malpractice involves demonstrating four legal elements:
- A provider-patient relationship existed,
- The provider breached the accepted standard of care,
- That breach caused injury, and
- The injury resulted in damages.
If you’re feeling overwhelmed by the legal jargon or process, our team is here to help you through every step.
Do You Have a NICU Malpractice Case?
Many parents feel uncertain about whether they have a valid claim. That’s completely normal. Medical records are complex, and medical staff may not provide clear answers.
Here are some signs that may suggest your child was the victim of NICU negligence:
- Unexplained deterioration in your baby’s condition,
- Contradictory or vague explanations from hospital staff,
- A sudden need for emergency intervention that wasn’t previously discussed,
- Delayed or missed diagnoses, and
- Your parental instincts are telling you something wasn’t right
If any of these situations apply to you, it’s essential to consult with a qualified NICU lawyer. Even if you’re unsure, a legal consultation can help bring clarity.
What Statistics Tell Us About NICU Errors
Medical errors in the NICU are more common than many families realize. In 2023, nearly 1 in 10 infants (9.8%) were admitted to a neonatal intensive care unit (NICU). One small study found that low-experience staff, heavy workload, fear of reporting errors, and other organizational issues were common contributing factors to NICU errors.
These errors range from communication failures to serious medication mistakes.
The impact of these errors is more than clinical—it’s deeply personal. Families may face emotional trauma, financial strain, and long-term caregiving responsibilities as a result of a preventable error.
Filing a NICU Lawsuit: What to Expect
Taking legal action can feel daunting, but with the right support, it doesn’t have to be. At Brockstedt Mandalas Federico, LLC, we handle every aspect of the legal process so that you can focus on what matters most—your child.
Filing a NICU lawsuit typically involves the following steps:
- Initial consultation and case review,
- Comprehensive analysis of medical records and treatment protocols,
- Engagement with pediatric and neonatal care experts,
- Filing a claim under Maryland’s medical malpractice procedures, and
- Negotiating settlements or proceeding to trial if needed.
Under Maryland law, you must also file a Certificate of Qualified Expert certifying that a licensed medical professional believes the standard of care was breached. If your claim is successful, you may be entitled to compensation for:
- Medical expenses (past and future),
- Pain and suffering,
- Emotional distress,
- Loss of earning capacity,
- Permanent disability, and
- Costs of long-term care and special education needs.
These damages can help your child access the resources they need while also holding negligent parties accountable.
Why Choose Brockstedt Mandalas Federico, LLC for Your NICU Malpractice Case?
Our firm brings trial-tested experience and compassionate advocacy to every case we handle. We understand how hard it is to relive painful events, but we also know that justice can bring closure and critical financial support.
We take the time to understand your story, investigate thoroughly, and fight for accountability with integrity and professionalism. Whether through settlement negotiations or courtroom litigation, we’re committed to achieving the best possible outcome for your family.
You don’t need to take on a powerful hospital system alone. We’ll stand with you.
Take the First Step Toward Justice
The days and weeks after a NICU injury can be filled with grief, confusion, and unanswered questions. But you don’t have to face this alone. A knowledgeable NICU lawyer can provide the clarity and support you need to move forward.
At Brockstedt Mandalas Federico LLC, we help our clients understand their legal rights, investigate potential negligence, and advocate for the justice their children deserve.
Contact Our Medical Malpractice Team Today
If your newborn suffered harm in the NICU and you suspect medical negligence played a role, reach out to us for a free and confidential consultation. We proudly serve families across Maryland and are ready to help you get the answers and accountability you need.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
Loading...