How improper NICU care can cause harm
Improper NICU care can have serious consequences for babies who need close, immediate support. Even small mistakes or delays can affect how a baby’s brain and body develop.
Serious conditions can develop when a baby is injured during this critical period. In some cases, this may include cerebral palsy (CP), along with other birth injuries caused by improper NICU care.
Negligent NICU care may involve:
- Delays in responding when a baby shows signs of distress
- Discharging a baby before they are stable
- Failure to escalate care when a baby’s condition changes
- Gaps in communication during shift changes or handoffs
When NICU injuries occur because of medical negligence, families have the right to seek financial support for their child’s care.
Our trusted legal partners have helped families across the country secure over $1 billion in birth injury compensation, including improper NICU care claims.
See if you may have a case — get a free case review right now.
What are signs of improper care in the NICU?
In the NICU, problems are usually caught and treated quickly. When they are not, it can show up in ways that do not fully make sense at the time.
Some NICU families may notice:
- Delays between when something changed and when treatment started
- Sudden drop in oxygen levels or heart rate without a clear explanation
- Being told everything was stable, then learning there had been a problem
- Different answers depending on who they spoke to
- Having to ask repeatedly for updates or clarification
There can also be gaps during handoffs between providers, when important information is missed or not clearly communicated.
When details don’t add up, you have every right to ask what happened and what should have been done differently so you can understand what went wrong.
"You can speak with one of our labor and delivery nurse case managers. You'll have a personalized experience, and we can be there with you to help you every step of the way."
— Kristin Proctor, RNC-OB, Cerebral Palsy Guide on-staff registered nurse
Examples of Negligent NICU care
The NICU is designed to protect fragile newborns who need close, constant support. When improper NICU care happens, the risks can increase quickly. This may be especially true in cases of an emergency C-section and NICU baby who is already medically unstable.
- Delayed treatment for oxygen deprivation
If a baby experiences lack of oxygen, immediate treatment is critical. Delayed resuscitation can lead to permanent brain injury. - Medication mistakes
Incorrect dosing in very small babies can cause significant harm, even when the error seems minor. - Breathing and oxygen errors
Too much or too little oxygen, or problems with ventilators (breathing machines) or breathing tubes, can cause damage to the developing brain. - Formula feeding in high-risk premature babies
Some premature babies are at higher risk for necrotizing enterocolitis (NEC). Feeding cow’s milk-based formula in these cases can increase the risk of serious intestinal injury. - Missed or delayed treatment of newborn infections
Conditions like sepsis may not be caught or treated quickly, allowing the infection to worsen. - Failure to diagnose or monitor high-risk babies
Issues like low blood sugar, respiratory distress, brain bleeds, or untreated jaundice that leads to kernicterus. - Improper use of medical equipment
Feeding tubes or lines placed incorrectly can lead to complications, along with issues involving incubators or breathing equipment. - Missed cooling therapy for HIE
Not starting treatment within the first 6 hours after birth for hypoxic-ischemic encephalopathy can lead to permanent brain injury.
These types of breakdowns in care can lead to serious, lasting complications, especially when they occur during critical moments in a baby’s early development.
Kristin Proctor, RN
Registered Nurse for 20+ Years
Can you sue for NICU Malpractice?
You may be able to file a birth injury lawsuit if improper NICU care led to harm. In these cases, the focus is on what should have happened and whether the medical team acted in time.
NICU care is fast-moving, but there are still clear expectations. Babies are closely monitored, and changes in their condition are supposed to be recognized and treated right away. When there are breakdowns in care, delicate newborns can suffer lifelong harm.
"A lawsuit isn’t just about holding someone accountable — it’s about ensuring your child has the care and support they deserve. Legal action can help provide the financial resources necessary for a lifetime of care."
— Ricky LeBlanc, birth injury lawyer at Sokolove Law
It’s very important to understand that there are strict legal deadlines for filing a claim, known as statutes of limitations. These deadlines vary by state, and in some cases, the window can be as short as 1 year.
If something about your baby’s NICU care does not add up, don’t wait. Take the first steps toward justice with a free case review right now.
Birth injuries linked to improper care in a NICU
When a baby is stable or improving, changes during a NICU stay can be hard to make sense of. In some cases, injuries are not tied to the birth itself but to how care was handled afterward.
Some of the most common conditions linked to improper NICU care include:
- Cerebral palsy
- Chronic lung disease (bronchopulmonary dysplasia)
- Hearing loss
- Hypoxic-ischemic encephalopathy
- Kernicterus (severe jaundice-related brain injury)
- Periventricular leukomalacia (PVL)
- Retinopathy of prematurity (ROP)
- Sepsis-related complications
- Untreated infections like infant meningitis
When these conditions appear after a decline or delay in care, improper NICU care can be part of what led to the injury.
How do you prove improper NICU care?
Proving improper NICU care is about showing that medical professionals did not meet the accepted medical standard of care.
This typically involves reviewing the full timeline of your child’s birth, including treatment decisions and how the medical team responded to changes in your baby’s condition. In the NICU, short delays or missed signs can cause catastrophic harm, so every detail is important.
In general, an improper NICU care lawsuit focuses on whether:
- A medical team was responsible for the baby’s care
- Problems were not recognized or treated in time
- That breakdown in care led to harm
This is not something most families can sort through on their own. NICU records can be complex, and it takes strong medical and legal knowledge to understand what should have happened at each step.
A birth injury lawyer can handle this process for you. They can gather records, work with medical experts, and build a clear picture of what happened and why. This allows you to focus on your child while your legal team handles your case.
Get NICU birth injury legal help
NICU teams are responsible for closely watching a baby’s condition and acting without delay. When that does not happen, mistakes can lead to serious harm and may be considered negligence.
Injuries caused by improper NICU care can require long-term medical care and lifelong support for your child. If improper care in the NICU played a role, you may have options to pursue compensation.
Cerebral Palsy Guide works with a network of lawyers that has recovered over $1 billion in birth injury compensation, including NICU injuries.
Call us right now at (855) 220-1101 or get a free case review now to find out how we may be able to help your family.
