When Inadequate NICU Care in Pennsylvania Leads to Infant Injury or Death

September 11, 2025

Inadequate care in a Neonatal Intensive Care Unit (NICU) happens when a medical professional’s actions—or failure to act—fall below the accepted medical standard of care, directly causing a baby’s injury or death.

This includes delayed diagnosis of a condition, medication errors, or failure to monitor oxygen levels, which leads to permanent brain damage like hypoxic-ischemic encephalopathy (HIE).

Proving that a specific medical error caused the harm is a difficult process. It requires a thorough investigation into medical records and testimony from medical professionals to establish that the injury was preventable.

However, Pennsylvania law provides a path for families to seek accountability and financial compensation to cover a lifetime of medical care, lost future earnings, and the profound personal loss. This is done by filing a medical malpractice or wrongful death claim.

If your family is facing this situation and you have questions about what happened to your child in a NICU, our firm is here to help. Call Wapner Newman for a no-cost consultation at (215) 569-0900.

Key Takeaways for When Inadequate NICU Care in Pennsylvania Leads to Infant Injury or Death

A breach of the standard of care is the foundation of a claim. This means proving a healthcare provider’s actions fell below accepted medical norms, directly causing the injury.
Specific injuries are linked to preventable errors. Conditions like cerebral palsy or HIE may result from failures in monitoring, delayed diagnosis, or medication mistakes.
Pennsylvania has a strict two-year deadline to file a claim. Contact an medical malpractice attorney promptly to preserve your right to seek compensation for lifelong care and other damages.

What Does “Inadequate Care” Actually Mean in a NICU Setting?

The foundation of any medical malpractice claim rests on something called the “standard of care.” Simply put, this is the level of care and skill that a reasonably competent healthcare provider in the same specialty would have provided under similar circumstances.

A breach of this standard manifests in numerous ways within the high-stakes environment of a NICU.

Common Failures That May Signal a Breach of Care:

Failure to Monitor and Respond: NICU infants are incredibly vulnerable, and their conditions change in an instant. A failure to react in time to signs of fetal distress, changes in heart rate, or low oxygen levels has irreversible consequences.
Medication and Feeding Errors: The correct medication and dosage are essential for newborns. Administering the wrong drug, the wrong dose, or making errors with intravenous (IV) lines or feeding tubes causes direct harm.
Mismanaging Infections: Infants in the NICU have underdeveloped immune systems, making them highly susceptible to infection. A failure to promptly diagnose and treat conditions like meningitis or sepsis is devastating.
Delayed Diagnosis or Misdiagnosis: Not identifying and treating common but serious conditions leads to permanent injury. A classic example is severe jaundice, which, if left untreated, progresses to kernicterus, a preventable type of brain damage. Another is necrotizing enterocolitis (NEC), a dangerous intestinal disease that requires immediate intervention.
Equipment Misuse or Failure: The sophisticated equipment in a NICU, such as ventilators, incubators, and monitors, is life-sustaining. Improper use or failure to ensure equipment is functioning correctly leads to inadequate NICU care and tragic results.

How Can You Tell if Negligence Caused Your Child’s Injury?

It’s one of the hardest questions a parent faces: Was my child’s injury or death preventable? The signs are not always obvious, and hospitals may not be forthcoming with information that suggests a mistake was made.

Connecting an Action (or Inaction) to an Injury

The central task in a legal claim is drawing a clear line from the medical provider’s failure to the specific harm your child suffered. This is a legal concept known as causation.

For example, if a nurse failed to monitor a baby’s oxygen levels for an extended period, and the baby developed HIE, we would work to show that the lack of monitoring directly led to the brain injury.

This requires evidence. Our role is to gather and analyze all medical records, consult with independent medical professionals, and build a case that demonstrates this connection.

Recognizable Injuries Linked to NICU Errors:

Hypoxic-Ischemic Encephalopathy (HIE): A type of brain injury caused by oxygen deprivation to the brain. While some cases are unavoidable, others result from a failure to respond to distress during or after birth.
Cerebral Palsy: A group of disorders affecting movement and muscle tone. Damage to the developing brain from oxygen deprivation, infections, or untreated jaundice leads to a cerebral palsy diagnosis.
Kernicterus: As mentioned, this is a rare but severe form of brain damage caused by untreated high levels of bilirubin from jaundice. It is almost always preventable with proper monitoring and treatment.
Sepsis or Meningitis: These are overwhelming infections that cause catastrophic injury or death if not diagnosed and treated immediately with antibiotics.
Physical Trauma: Injuries such as fractures or nerve damage may occur during a difficult delivery or from improper handling of a fragile infant in the NICU.

What Does the Process of Seeking Accountability Look Like in Pennsylvania?

If you suspect your child was harmed by inadequate care, Pennsylvania law provides a framework for holding the responsible parties accountable.

The First Step: The Investigation

You do not need to have all the answers or definitive proof of negligence to seek help. The first step is to speak with a law firm that has deep experience in these specific and sensitive cases.

We begin by methodically gathering all relevant medical records—from prenatal care through the NICU stay and beyond. These records are then reviewed by independent medical experts who help us determine if the standard of care was breached and, crucially, if that breach caused the injury.

Strict Deadlines: The Pennsylvania Statute of Limitations

In Pennsylvania, the law sets a strict time limit for filing a medical malpractice lawsuit. This is called the statute of limitations.

For most cases, a claim must be filed within two years of the date the injury occurred or was reasonably discovered, according to 42 Pa.C.S. § 5524(2). This deadline is strict. Waiting too long means losing your right to seek compensation forever.

What Compensation Covers

While no amount of money undoes the harm done to your child and your family, a successful claim provides the financial security needed for your child’s future. Compensation may cover:

Future Medical Expenses: This includes lifelong care, physical and occupational therapy, necessary assistive devices, and medications.
Lost Future Earnings: The income your child might have earned over their lifetime if they had not been injured.
Pain and Suffering: Compensation for the physical and emotional distress experienced by your child as a result of the injury.
Wrongful Death Damages: In the tragic event of a child’s death, this may cover funeral expenses and compensation for the profound loss of your child. Sadly, infant deaths remain a serious issue, with Pennsylvania reporting 741 infant deaths in 2022 alone.

Frequently Asked Questions About NICU Injury Claims

Do we have to sue the individual doctor or nurse?

In most cases, the lawsuit is filed against the hospital or the healthcare system. Under a legal principle known as “vicarious liability,” employers are typically responsible for the actions of their employees when those actions occur within the scope of their employment.

What if we signed consent forms at the hospital?

Consenting to medical treatment is not the same as consenting to negligent treatment. A signed consent form acknowledges that you understand the known risks of a procedure. It does not waive your right to hold a provider accountable for care that falls below the accepted medical standard.

How much does it cost to hire a lawyer?

At Wapner Newman, we handle these cases on a contingency fee basis. This means you pay no fees unless and until we recover compensation for you. The initial consultation to discuss your case is always free of charge.

Will we have to go to court?

Many medical malpractice cases are settled out of court through negotiation or mediation. However, we prepare every case as if it will go to trial. This thorough preparation puts us in the strongest possible position to negotiate on your behalf and ensures we are ready to proceed to court if a fair settlement cannot be reached.

Let Us Help You Find the Answers

We know you have questions, and the uncertainty is agonizing. We are here to help you find answers. As a firm with deep roots in Philadelphia, we regularly help families in our community through these difficult and painful situations.

The sooner we begin investigating, the better our chances of preserving key evidence and meeting all legal deadlines.

To discuss what happened to your child in confidence, call Wapner Newman today at (215) 569-0900.