Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What qualifies as NICU negligence in New York?
NICU negligence occurs when hospital staff deviate from the accepted standard of care for critically ill newborns. Common examples include failure to monitor oxygen levels, delayed treatment of infection or sepsis, medication errors, improper ventilator management, and failure to diagnose or treat hypoglycemia or jaundice. To pursue a claim in New York, the negligence must be the proximate cause of the infant’s injuries.
How long do parents have to file a NICU malpractice lawsuit in New York?
New York medical malpractice claims generally carry a two-and-a-half-year statute of limitations under CPLR §214-a. However, under CPLR §208, this period is tolled for infants until they reach age 18, meaning a claim arising from NICU negligence can be filed until the child turns 21½. Parents are still advised to pursue claims as early as possible while evidence and witness recollections remain intact.
What must be proven in a New York NICU negligence lawsuit?
A successful NICU malpractice claim in New York requires establishing four elements: (1) the NICU staff owed a duty of care to the newborn; (2) they breached that duty by departing from accepted medical standards; (3) the breach directly caused the infant’s harm; and (4) measurable damages resulted. New York requires a Certificate of Merit signed by a physician attesting to the departure from standard care before the case can proceed.
What damages can be recovered in a NICU negligence case?
Families in New York may recover both economic and non-economic damages, including the cost of past and future medical care, rehabilitation, specialized equipment, lost future earning capacity, and pain and suffering. In cases involving catastrophic injury such as brain damage or cerebral palsy, lifetime care costs can be substantial. New York does not cap compensatory damages in medical malpractice cases, unlike some other states.