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  • Home
  • About
    • Howard Schaffner
    • Albert F. Hofeld
    • Brian Murphy
    • John J. MacInerney
  • Practice Areas
    • Personal Injury
      • Catastrophic Car Accidents
      • Defective Products
      • Spinal Cord Injuries
      • Traumatic Brain Injuries
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  5. How failure to diagnose neonatal issues causes birth injuries

How failure to diagnose neonatal issues causes birth injuries

On Behalf of Hofeld and Schaffner | Jul 2, 2026 | Birth Injuries

The first hours after birth are critical in a child’s life. When doctors and nurses fail to monitor properly or miss symptoms of distress, the consequences can be severe. Understanding how these failures happen can help families identify when negligence has harmed their child.

What is neonatal negligence?

Neonatal negligence occurs when healthcare providers fail to meet accepted standards of care for newborns. Medical errors or poor treatment can cause these injuries.

Common failures include delayed action, poor monitoring or improper care in the neonatal intensive care unit (NICU). Doctors may fail to monitor oxygen levels correctly. Nurses may also miss signs of infection. These mistakes can result in lifelong injuries to infants.

What injuries result from diagnostic failures?

Failing to diagnose or treat newborn health problems can cause serious harm. It can lead to injuries that permanently affect a child’s life. Common neonatal injuries include:

  • Brain damage: Oxygen deprivation from poor monitoring leads to permanent neurological harm

  • Infections: Untreated infections spread rapidly and cause sepsis or meningitis

  • Physical trauma: Improper handling during delivery or NICU care causes bodily harm

  • Kernicterus: Untreated jaundice results in cerebral palsy and hearing loss

Most neonatal conditions show warning signs before becoming severe. Doctors and nurses must recognize these symptoms and respond quickly. In some cases, families discover the injuries later on when developmental problems appear.

How can families prove neonatal negligence?

Proving medical negligence requires showing that healthcare providers failed to meet the standard of care. The following evidence may help show negligence:

  • Medical records: Documents reveal monitoring, testing, and staff responses to warning signs

  • Hospital policies: Protocols set the required standard of care for newborns

  • Professional review: Medical professionals evaluate whether treatment met accepted standards

  • Witness testimony: Staff statements reveal gaps or delays in treatment

  • Treatment timelines: Records show delays in intervention or missed symptoms

In Illinois, children injured at birth have up to eight years to file a claim. Parents filing their own claims for medical expenses have two years from when they discover or should have discovered the injury.

Taking steps to protect your child

The cost of specialized care and ongoing therapy for a birth injury adds up quickly. Your child may face developmental challenges that require years of intervention. The financial burden falls on your family while negligent providers face no consequences. Holding those accountable can help secure the resources your child needs. It can also promote safer care for other families.

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