NICU Malpractice

Many infants are born without complications, but some newborns require specialized care in the NICU (neonatal intensive care unit) due to significant health issues. Infants in the NICU are particularly vulnerable and necessitate skilled and thorough medical attention. Unfortunately, when doctors or nurses working in the NICU neglect their duty to safeguard the well-being of these fragile newborns, it can cause severe and lasting trauma. If your child has suffered damages because of inadequate care in the NICU, it is wise to speak to an attorney about what measures you can take to protect your and your child’s interests. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse medical malpractice attorneys understand the devastating impact of realizing your child sustained preventable harm, and we are committed to helping families harmed by NICU malpractice seek justice. We regularly pursue birth injury claims in Syracuse, Rochester, and other cities in Upstate New York.

Negligent care in the NICU can lead to a range of severe consequences for newborns. Mistakes during resuscitation, improper ventilator settings or monitoring, for instance, may result in hypoxia, brain damage, or even death. Improper placement of breathing or feeding tubes can lead to malnutrition, organ damage, and other serious injuries. Medication mismanagement is another significant concern, potentially leading to seizures, strokes, and permanent brain damage. Failure to diagnose and treat conditions such as hypoglycemia, jaundice, and hypothermia can further contribute to the harm suffered by infants in the NICU.

Similar to other healthcare providers, NICU nurses, and doctors owe a duty to their patients to deliver competent care. If a breach of this duty causes harm to an infant it may constitute medical malpractice liability. Under New York law, establishing liability for medical malpractice typically requires the plaintiff to prove the defendant’s negligence. In other words, the plaintiff, usually a parent in NICU malpractice cases, must demonstrate that the healthcare provider owed a duty, breached that duty through acts or omissions, and that the breach resulted in actual damages proximately causing harm.

In medical malpractice cases, the duty owed is defined as the obligation to provide treatment that complies with the good and accepted standard of medical care. This standard represents the level of care that a reasonable and competent medical professional in the same specialty would provide under similar circumstances. Expert testimony is often essential in NICU malpractice cases, and the plaintiff will usually retain an expert to opine on the standard of care the defendant should have adhered to and explain how the defendant's actions deviated from this standard. Moreover, expert testimony is crucial in establishing the causal connection between the defendant's breach of duty and the harm suffered by the infant.

When a child suffers harm in the NICU, both the child and the child's parents may be eligible to recover damages. Parents may recover the cost of medical treatment for the child until the age of majority, while the child may be entitled to damages for future medical expenses as an adult. If the child faces a diminished capacity to work in the future, damages for lost wages may also be awarded. The child may also be entitled to damages for pain and suffering resulting from the harm they endured.

Parents entrust NICU healthcare providers with the well-being of their newborns, and when harm results from inadequate care, the consequences can be devastating. If your child suffered injuries in the NICU, the experienced Syracuse birth injury attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can provide guidance on your options and assist you in pursuing any recoverable damages. Our primary office is located in Syracuse, and we regularly represent parties in medical malpractice cases in Syracuse and Rochester and also in various cities throughout upstate New York. You can contact us via the online form or call us at 833-200-2000 to schedule a complimentary and confidential meeting regarding your case.