When a newborn requires care in the Neonatal Intensive Care Unit (NICU), parents place their complete trust in the hands of specialized medical teams. You expect that the doctors and nurses near Rittenhouse Square or in the hospitals of Center City will provide the highest level of vigilance.
However, when a medical professional fails to follow safety protocols or misses signs of distress, the consequences can be life-altering, not just for the child but also for the entire family.
A Philadelphia NICU Negligence Attorney provides the legal strength needed to hold healthcare facilities accountable for preventable injuries. Our firm recognizes that these situations leave parents feeling strained as they focus on their child’s health. We secure the financial resources required for long-term medical care and specialized therapy.
Why Choose Wapner Newman as Your Philadelphia NICU Negligence Attorney
Selecting the right legal team is a primary step toward securing your child’s future. Wapner Newman provides dedicated advocacy for families throughout Pennsylvania and New Jersey, including Philadelphia, Harrisburg, Allentown, Conshohocken, and Mount Laurel.
We recognize that caring for a medically fragile infant makes traveling to a law office extremely difficult. To assist our clients, we offer flexible meeting options:
- Our legal team will travel to your home or the hospital to meet with you if your child’s care requires your constant presence.
- We provide transportation to and from our Philadelphia office if you lack a reliable way to attend meetings.
- We offer virtual consultations to discuss your case details from the comfort of your own home.
- Our firm handles all the communication with insurance companies and medical facilities so you can remain focused on your family.
- We use our extensive resources to investigate hospital records and find where the standard of care was breached.
Wapner Newman focuses on the needs of parents in the 30 to 50 age demographic who are often managing careers while dealing with the fallout of a birth injury. We believe that every family deserves a voice when a medical mistake occurs.
Our firm treats you like a neighbor and provides the capable assistance required to handle a medical malpractice claim. We have a history of standing up to large hospital systems to ensure they remain accountable for their actions.
By choosing us, you gain a partner who is committed to your child’s well-being and your family’s financial stability. We fight for the results that your child deserves to live a full and supported life.
Defining NICU Negligence in Pennsylvania
NICU negligence occurs when a healthcare provider in a neonatal unit fails to provide the level of care that a reasonably competent professional would provide under similar circumstances.
NICU negligence occurs when a healthcare provider in a neonatal unit fails to provide the level of care that a reasonably competent professional would provide under similar circumstances.
Common examples of negligence in the neonatal unit include:
- Failing to properly monitor oxygen levels, which leads to brain damage or cerebral palsy.
- Missing the early signs of an infection, such as sepsis or meningitis, which spreads quickly in infants.
- Administering the wrong dosage of a powerful medication or failing to monitor for side effects.
- Failing to recognize and treat neonatal jaundice, which results in a type of brain damage called kernicterus.
- Improper use of ventilators or other breathing equipment that causes lung damage.
When these errors occur, the law provides a path for parents to seek justice. A legal claim focuses on showing that the injury was preventable if the medical team had followed the correct procedures. Our firm works with medical authorities to pinpoint exactly when and where the healthcare system failed your child.
Common Injuries Handled by a Philadelphia NICU Negligence Attorney
The injuries sustained in a NICU environment are often invisible at first but grow more obvious as the child misses developmental milestones. Whether your child was treated in a large teaching hospital in Philadelphia or a smaller facility in Allentown, the medical team had a duty to protect them.
Frequent injuries that result from neonatal malpractice include:
- Hypoxic Ischemic Encephalopathy (HIE), which is brain damage caused by a lack of oxygen or blood flow.
- Intraventricular Hemorrhage (IVH), or bleeding in the brain, often caused by improper monitoring of blood pressure.
- Necrotizing Enterocolitis (NEC), a serious intestinal illness that is sometimes linked to improper feeding protocols.
- Retinopathy of Prematurity (ROP), which leads to blindness if the medical team fails to manage oxygen levels correctly.
- Seizures and neurological delays caused by untreated metabolic issues or infections.
These conditions require a lifetime of medical intervention, specialized schooling, and physical therapy. The financial burden of this care is astronomical. We pursue compensation that accounts for the decades of support your child will need. By holding the negligent parties responsible, we help you secure the funds necessary for high-quality care.
Establishing Liability in Neonatal Intensive Care Unit Claims
Proving that a doctor or nurse was negligent in the NICU requires a detailed investigation into medical records and hospital policies. The defense will often argue that the child’s injuries were a result of their premature birth or an underlying condition.
However, our job is to demonstrate that the medical team’s actions, or their failure to act, exacerbated the situation.
To establish liability, our team looks for the following evidence:
- Fetal heart rate monitor strips that show the baby was in distress before or during delivery.
- Nursing logs that demonstrate a failure to check on the infant at required intervals.
- Lab results that show an infection was present but was not treated for several hours or days.
- Maintenance records for medical equipment like ventilators and incubators.
- The hospital’s internal staffing records to see if the NICU was dangerously understaffed at the time of the injury.
We leave no stone unturned when it comes to finding the truth. According to the National Institutes of Health, the quality of care in the NICU is a major factor in the long-term outcome for premature infants.
When that quality falls below the accepted standard, the hospital is liable for the damages. Our firm uses this data to build a case that is backed by medical science and legal strength.
Pennsylvania Medical Malpractice Laws and Your Rights
Every state has specific rules for how medical malpractice cases must proceed. In Pennsylvania, there are several procedural steps that a Philadelphia NICU negligence attorney must follow to ensure your case is heard by the court.
Legal requirements in Pennsylvania include:
- The Certificate of Merit: Within 60 days of filing a lawsuit, an attorney must file a document stating that a qualified medical authority believes the case has a valid basis.
- Statute of Limitations: According to 42 Pa. C.S.A. § 5524, most personal injury claims must be filed within two years. However, for injuries to minors, the clock often does not start until the child turns 18.
- Standard of Care: The legal benchmark used to determine if a doctor’s actions were negligent based on what other doctors would have done.
- Informed Consent: The requirement that parents are told about the risks of any procedure before it is performed on their child.
Our firm is deeply familiar with these rules and ensures that every deadline is met. We handle the paperwork and the legal hurdles so you can devote your energy to your child. We move through the legal system with the goal of securing a fair settlement as efficiently as possible.
Recovering Compensation for Your Child’s Future
The goal of a NICU negligence claim is to provide the child with the resources they need to thrive despite their injuries. Because these injuries often last a lifetime, the compensation must cover more than just the current medical bills.
We work with life care planners to determine the total cost of your child’s needs over the next several decades.
Compensation in these cases often includes money for:
- Past and future medical expenses, including surgeries, hospital stays, and doctor visits.
- Specialized therapies such as physical, occupational, and speech therapy.
- Home modifications like ramps, widened doorways, or specialized bathrooms.
- Assistive technology such as wheelchairs, communication devices, and adaptive vehicles.
- Educational support and specialized tutoring for children with cognitive delays.
- Pain and suffering for the physical and emotional distress caused by the injury.
We pursue these damages with persistence because we know that your child’s quality of life depends on it. A settlement or verdict provides the peace of mind that your child will be cared for even when you are no longer able to provide that care yourself. Our firm is dedicated to securing the maximum amount allowed under the law.
FAQs
The legal process surrounding birth injuries is a long journey that brings up many questions for parents. These answers provide a starting point for families who are trying to decide if they have a case after a NICU error.
How do I know if my child’s injury was preventable?
It is often difficult for a parent to know if an injury was a natural complication or the result of a mistake. The best way to find out is to have a legal team review your medical records with a qualified medical authority. If the medical team failed to follow the standard of care, the injury is considered preventable and you may have a case for negligence.
Can I sue if my child was born prematurely and then injured in the NICU?
Yes, the fact that a child was born early does not give the hospital an excuse to provide poor care. In fact, doctors and nurses have a higher duty to be vigilant with premature infants because they are so fragile. If their actions or their failure to act caused an injury that would not have otherwise happened, they are liable.
What is the cost of hiring a legal team for a birth injury case?
Wapner Newman works on a contingency fee basis. This means you do not pay any hourly rates or upfront costs. We only get paid if we successfully recover money for your child through a settlement or a jury verdict. This ensures that every family has access to high quality legal representation regardless of their financial situation.
What if the injury happened several years ago?
In Pennsylvania, the statute of limitations for injuries to children is often extended. You generally have until the child’s 20th birthday to file a claim for injuries that happened at birth. However, it is a good idea to start the process as soon as possible so that evidence is preserved and your child can begin receiving the support they need sooner.
Will my child have to appear in court?
In the vast majority of cases, the child does not need to appear in court. Most of these claims are settled through negotiations between our firm and the hospital’s insurance company. If a trial is necessary, we handle the legal presentation and work to make the process as smooth and low-stress as possible for your family.
Pursue the Support Your Child Deserves with Wapner Newman
A medical error in the NICU is a traumatic event that changes the course of your child’s life. You should not have to face the resulting challenges alone. Wapner Newman is here to provide the strength and capable assistance required to hold negligent hospitals accountable.
We serve families in Philadelphia, Allentown, Harrisburg, and across New Jersey, ensuring that your child’s rights remain the top priority. Whether we visit you at your home or pick you up for an appointment at our office, we are committed to making the legal path forward clear and manageable.
Do not let a hospital’s mistake define your child’s future without a fight. Call Wapner Newman today or visit our website to discuss your situation with a Philadelphia personal injury attorney and learn how we can help you secure the justice your family deserves.
Wapner Newman Personal Injury and Medical Malpractice Lawyers – Philadelphia, PA (Main Office)
1628 John F Kennedy Boulevard Suite 800
Philadelphia, PA 19103
Ph: (215) 569-0900