March 17, 2026
Law Office of Thomas E. Pyles

What to Do When a Maryland NICU’s Mistakes Cause Birth Injuries

In movies and on television, childbirth is always quick and simple. And no matter what happens during the birth, it nearly always ends with a healthy baby. 

In reality, roughly 10% of babies are admitted to the neonatal intensive care unit (NICU) after birth. The NICU helps babies who need specialized care for conditions such as prematurity, low birth weight, and jaundice. NICU doctors and nurses are professionals, but they can make mistakes. A serious mistake can change a child’s life forever. 

This article helps parents and caregivers understand how NICU malpractice can cause post-birth injuries. It also discusses the family’s legal rights and how a Laurel birth injury lawyer can help.  

What Is a Birth Injury? 

The best way to understand what a birth injury is to compare it to a birth defect.

Birth defects are typically related to genetic issues, exposure to certain chemicals, specific infections, and similar issues. Doctors might fail to properly diagnose or treat issues that might lead to birth defects, but they generally aren’t the primary cause of the issue. 

On the other hand, in a birth injury, the medical team does something that injures the baby or makes their existing issues worse. For example, if a baby is stuck in the birth canal, the doctor might take certain steps to complete the delivery. But if done improperly, the doctor can cause brachial plexus damage, broken bones, and other injuries to the newborn or the mother. 

Which Injuries Might Happen in the NICU? 

While many birth injuries happen during labor and delivery, they can also happen after birth. When a baby is in the NICU, the NICU staff’s failure to properly care for the baby can cause a birth injury. Common birth injuries include: 

  • Asphyxia
  • Brain Damage
  • Cerebral palsy
  • Hypoxic-ischemic encephalopathy (HIE)
  • Infections (including Sepsis)
  • Organ damage 
  • Respiratory distress 
  • Retinopathy of Prematurity (ROP)
  • Seizures
  • Stroke
  • Wrongful death

NICU staff can cause these injuries in many ways. Common issues include: 

  • Failure to properly monitor falling oxygen levels and other signs of distress
  • Failure to recognize, promptly respond to, or promptly treat medical issues 
  • Failure to recognize the symptoms of conditions such as seizures or infections
  • Failure to properly use NICU medical equipment (e.g., ventilators, feeding tubes, and intravenous (IV) lines)
  • Administering the wrong medication or the wrong dose 
  • Giving too much or too little oxygen 

System-wide issues, such as failure to hire adequate staff or failure to create or implement necessary safety protocols, may also be a factor. For example, assume that the nurse on shift was not properly trained on a particular type of ventilator. She adjusts it improperly. Too much oxygen could cause retinopathy of prematurity and blindness, while too little oxygen could cause brain damage, cerebral palsy, HIE, seizures, and other issues. 

Warning Signs Parents Should Watch for During a NICU Stay 

During your baby’s NICU stay, you may notice signs that could later point to carelessness by the NICU staff. Some signs that raise concerns for parents include: 

  • Delayed response to alarms or significant changes in the baby’s condition
  • Unexplained changes in your baby’s coloration or feeding habits 
  • Chronic breathing issues 
  • Ventilator tubes, feeding tubes, or IV lines that seem to be loose, disconnected, leaking, or otherwise not working properly
  • A baby who is difficult to wake or unresponsive
  • Signs that a feeding tube may have been misplaced (e.g., choking, coughing, gagging, milk coming out through the nose, or vomiting) 
  • Irritation, discoloration, or bruising surrounding an IV site
  • Signs of infection (e.g., high fever)

There could also be issues with the staff. Common warning signs could be: 

  • Dismissing your concerns or ignoring your questions
  • Inconsistent charting procedures 
  • Rushed behavior
  • Lack of sanitation (e.g., poor or no handwashing) 
  • Lack of knowledge about your baby after a shift change 

How Parents Can Hold the NICU Accountable 

If you suspect that the NICU caused your child’s birth injury or made an existing birth injury worse, you should contact a Laurel birth injury attorney immediately. Your attorney can investigate the claims and help you file a lawsuit, if necessary. To win your lawsuit, you’ll have to prove that the NICU staff was negligent. To prove negligence in Maryland, your attorney will have to show that the staff had a duty to behave in a certain way, they did not, and their failure to do so caused your child’s injuries. 

If you can prove negligence, both you and your baby will be entitled to damages, which are funds designed to compensate you for your injuries. Damages in a birth injury case can cover:

  • Your child’s past and future medical expenses, including surgeries, medications, and assistive devices
  • Special education costs 
  • Lost future earning capacity 
  • Pain and suffering
  • The value of the parents’ caregiving services 

If your child suffered a birth injury during a NICU stay, your family has rights. If you need help protecting these rights, contact the Law Offices of Thomas E. Pyles. We’ll fight to get your family the compensation they are entitled to under the law. Call 301-705-5006 or use our online contact form to schedule a free consultation today.

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