Can I Sue if My Baby Was Injured in the NICU?

 Posted on February 10, 2026 in Birth Injury

The purpose of the neonatal intensive care unit (NICU) is to ensure that prematurely born or ailing newborns get the treatment they need. Unfortunately, some hospitals end up falling short of their responsibility to newborns in need. If your baby was injured in the NICU due to a preventable error, you can file a claim for compensation.

At Birth Injury Law Alliance, Ltd., our Cook County, IL birth injury lawyers have the skills, resources, and experience to properly represent the parents of injured newborns. Attorney Allen Schwartz has been recognized by Best Lawyers and Super Lawyers for his continued devotion to his clients, so you can trust that your case will be handled by a law firm that cares.

When Can the NICU Be Held Liable for Injuries?

A neonatal intensive care unit is meant to protect the most fragile patients. Babies in the NICU are often premature, very small, or medically unstable. Doctors and nurses are expected to follow strict standards of care. When those standards are not met, serious injuries can happen.

The NICU can be held liable when a baby is hurt due to medical negligence. This may include mistakes by doctors, nurses, or respiratory therapists. It can also involve poor communication, understaffing, or failure to follow hospital protocols. In Illinois, medical malpractice cases require proof that the medical team failed to act as a reasonably careful provider would have under similar circumstances.

NICU negligence matters because these babies cannot protect themselves. Even a short delay or small error can cause lifelong harm. According to recent data from the CDC, nearly 10 percent of infants in the United States are admitted to the NICU, reflecting how many families depend on the duty of care expected to be provided.

Medication Errors in the NICU

Medication errors are one of the most common causes of NICU injuries. Newborns need carefully calculated doses based on weight and gestational age. A small dosing error can have severe consequences.

Mistakes may involve giving the wrong medication, administering the wrong dose, or giving the medication at the wrong time. Some drugs can damage a baby’s developing brain, kidneys, or heart if used improperly. Others may cause breathing problems or dangerous drops in blood pressure.

Medication errors also happen when staff misread charts or fail to double-check orders. In a fast-paced NICU, these safeguards are essential. When they are ignored, babies can suffer seizures, organ damage, or withdrawal symptoms.

Parents are often not told right away when a medication error occurs. The signs may appear later, after the damage is already done. That delay can make recovery harder and outcomes worse.

Neonatal Injuries Caused by Breathing Tubes and Ventilators

Many NICU babies need help breathing. Ventilators and breathing tubes can save lives, but they must be used correctly. Improper placement or poor monitoring can cause serious injury.

A breathing tube that is placed too deeply can damage the lungs. Too much oxygen can lead to lung disease or vision problems. Too little oxygen can cause brain damage within minutes.

Ventilator settings must be adjusted as a baby grows and stabilizes. Failing to make these changes can lead to collapsed lungs, bleeding in the brain, or chronic respiratory conditions. These injuries may not be obvious right away. Some children are diagnosed years later.

Staff must watch closely for signs of distress. Alarms should never be ignored. When hospitals cut corners, the risks increase.

Health Complications Caused by Failure to Resuscitate in the NICU

Some NICU emergencies require immediate resuscitation. This may involve clearing airways, providing oxygen, or restarting a stopped heart. Timing is critical.

Failure to resuscitate can occur when staff do not respond quickly enough or use improper techniques. It may also happen when necessary equipment is not ready or properly maintained.

Even a short delay can deprive the brain of oxygen. This can lead to cerebral palsy, developmental delays, or permanent cognitive impairment. In the most tragic cases, it can lead to death.

Resuscitation errors are often linked to poor training or understaffing. NICUs must be prepared for sudden emergencies at all times. When they are not, babies pay the price.

What Damages Can You Recover in a Birth Injury Claim in 2026?

Families often worry about the financial impact of a NICU injury. Medical care can be expensive and ongoing. A successful birth injury claim can help cover these costs. Keep in mind that medical malpractice claims fall under a statute of limitations, which affects how long you have to take legal action (735 ILCS 5/13-212).

Damages may include past and future medical bills. This can involve surgeries, therapy, medications, and specialized equipment. Families may also recover compensation for in-home care or long-term support services.

Lost income is another concern. Parents often need to reduce work hours or stop working altogether to care for an injured child. Those losses may be included in a claim.

Illinois law also allows compensation for pain and suffering. This recognizes the emotional toll on both the child and the family. Each case is different, and damages depend on the severity of the injury and its long-term effects.

Should I Accept a Settlement for a Birth Injury?

Many NICU injury cases end in settlement. Hospitals and insurers often prefer to avoid trial. A settlement can provide faster financial relief and reduce stress. However, not every settlement offer is fair. Early offers may not account for future medical needs or lifelong care. Once a settlement is accepted, families usually cannot seek more compensation later.

It is important to understand the full impact of the injury before deciding. This may require medical experts and long-term care planning. An experienced lawyer can help evaluate whether a settlement truly meets your child’s needs. Rushing into a decision can leave families struggling years down the road, so careful review is essential.

Contact a Chicago, IL Neonatal Injury Lawyer

NICU injuries are overwhelming. Parents are often grieving the loss of a healthy start while facing uncertain futures. You do not have to handle this alone.

At Birth Injury Law Alliance, Ltd., our Chicago, IL birth injury attorneys can review what happened and explain your legal options. These cases require detailed medical knowledge and careful investigation. Hospitals have teams of lawyers. Families deserve strong advocacy too. Call us at 312-462-4200 to set up a free consultation.