Abstract
OBJECTIVE:
To examine neonatal intensive care unit (NICU) malpractice claims and identify common characteristics likely to result in malpractice.
STUDY DESIGN:
A retrospective study (1972 to 1992) at a tertiary care children’s hospital examining malpractice claims involving NICU infants.
RESULTS:
A total of 31 cases of malpractice out of 9367 NICU admissions (incidence 0.33%) were found. Although not statistically significant, the incidence of legal action increased with NICU growth from 0.19% (1972 to 1974) to 0.39% (1980 to 1992). Infants who were significantly over-represented in malpractice cases compared with the general NICU population included those who were full-term, white, privately insured, and those with neurologic conditions. Families’ motives for legal action included (1) treatment error/delay (48%), (2) missed/delayed diagnosis (16%), (3) equipment malfunction/misuse (6%), and (4) general improper care (30%).
CONCLUSION: Based on this research, three factors may be associated with increased risk of malpractice in the NICU: (1) increased unit growth, (2) parental perceptions of negligence, and (3) full-term infants with diagnoses associated with neurologic conditions.
This is a preview of subscription content, access via your institution
Access options
Subscribe to this journal
Receive 12 print issues and online access
$259.00 per year
only $21.58 per issue
Buy this article
- Purchase on Springer Link
- Instant access to full article PDF
Prices may be subject to local taxes which are calculated during checkout
Similar content being viewed by others
Author information
Authors and Affiliations
Corresponding author
Additional information
This work was presented in part as a poster at the American Academy of Pediatrics Perinatal Workshop, Scottsdale, AZ, April 1994.
C. S. is currently a resident in internal medicine at Fort Lewis Medical Center, Seattle, WA.
Rights and permissions
About this article
Cite this article
Mangurten, H., Angst, D., See, C. et al. Professional Liability in a Neonatal Intensive Care Unit: A Review of 20 Years’ Experience. J Perinatol 20, 244–248 (2000). https://doi.org/10.1038/sj.jp.7200364
Published:
Issue Date:
DOI: https://doi.org/10.1038/sj.jp.7200364
This article is cited by
-
An analysis of successful litigation claims in childhood fatalities in England
European Journal of Pediatrics (2012)