San Diego NICU Injury Attorney Holding Hospitals Accountable
It is distressing enough that your newborn baby has to be admitted into the neonatal intensive care unit (NICU). But to discover that they suffered further harm and injury due to the negligence of a medical professional, in the very unit you trusted to help your child heal and get stronger, it can be wholly devastating.
My name is Brian Burchett, and for over three decades, I have been helping families throughout California seek justice after a medical malpractice incident. As your NICU injury attorney, I can help you hold negligent medical providers accountable and fight for the resources your family needs.
Common Examples Of Neonatal Negligence
Medical professionals must follow a specific standard of care required of people in their field. When assessing if they were negligent, the key question is: “Did this professional provide the care that a reasonably competent, prudent NICU doctor or nurse would have provided in the same situation?” If the answer is no, and it resulted in harm or injury to the baby, that failure is considered medical negligence.
I have worked with many families who face lifelong challenges because of preventable errors in the NICU. Elements of medical negligence in cases like these can include:
- Infection management failure: A newborn’s immune system is extremely weak, and NICU staff must follow strict hygiene rules. A failure to do so can cause life-threatening infections such as sepsis or meningitis, which can lead to permanent organ or brain damage.
- Ventilator mismanagement: Medical providers must manage this life-support machine with absolute precision for a baby’s delicate lungs. Incorrect oxygen or pressure settings can cause chronic lung problems or starve the brain of oxygen, resulting in a severe infant brain injury.
- Medication errors: An infant’s tiny body cannot handle an incorrect medication or dosage. Such a fundamental error can cause organ failure, seizures or other catastrophic, lifelong harm.
- Failure to monitor oxygen levels: NICU staff must respond immediately to alarms signaling low blood oxygen. Failure to do so can lead to oxygen deprivation and cause Hypoxic Ischemic Encephalopathy (HIE), a type of brain injury that often leads to conditions like cerebral palsy.
- Untreated jaundice: While newborn jaundice is common and easily treatable, failing to manage it allows a substance called bilirubin to become toxic. This can cause kernicterus, a severe form of brain damage that leads to permanent disabilities.
- Delayed diagnosis and treatment: Retinopathy of Prematurity (ROP) is an eye disease in premature babies that requires mandatory, timely screening. Failing to diagnose and treat it on schedule can cause the baby’s retina to detach, resulting in permanent blindness.
If your child suffered from any of the situations above, you may have grounds to pursue legal action. As your NICU injury attorney, I will conduct an exhaustive medical record review. I will examine every note and test result to find where mistakes were made. From there, I may consult with qualified medical professionals for crucial medical expert witness testimony. They can help explain how hospital negligence may have occurred.
Securing The Compensation Your Family Deserves
While no amount of money can undo the harm to your child, a financial recovery may be necessary for their future. If you decide to file a NICU injury lawsuit, I will fight to recover birth injury compensation that covers all of your child’s needs, including:
- Ongoing medical treatments and hospital stays
- Physical, occupational and speech therapy
- Special education resources
- Necessary mobility equipment and home modifications
- Pain and suffering
Take note that California has specific time limits (statutes of limitations) for filing a medical malpractice claim. For claims involving a child injured before age six, the deadline is typically before the child’s eighth birthday. As your lawyer, I can help you understand how this timeline applies to your family’s specific situation.
Get The Answers You Need: Call My Office Today
In situations like these, it’s normal to feel overwhelmed with questions and fears about what to do next. Let me help you find clarity in this difficult time. At The Burchett Law Firm, PC, I provide free initial consultations. We can review the details of your case together, and I will give you an honest assessment of your legal options.
Get in touch with me today. Call my San Diego office at 619-450-2436 or send me an email to schedule an appointment.