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Professional Liability in a Neonatal Intensive Care Unit: A Review of 20 Years’ Experience

Journal of Perinatology volume 20, pages 244–248 (2000)Cite this article

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.

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Authors and Affiliations

  1. Department of Pediatrics (H. M., Division of Neonatology (H. M., D. B. A., C. S., D. B.), D. B.), Lutheran General Children’s Hospital, Park Ridge, IL

    Henry H Mangurten MD, Denise B Angst DNSc, Craig See MD & Diane Boyle MS RN

  2. Department of Risk Management (S. B.), Advocate Health Care, Oak Brook, IL

    Scott Beckman Esq

Authors
  1. Henry H Mangurten MD
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  2. Denise B Angst DNSc
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  3. Craig See MD
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  4. Diane Boyle MS RN
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  5. Scott Beckman Esq
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Corresponding author

Correspondence to Denise B Angst DNSc.

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.

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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

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  • DOI: https://doi.org/10.1038/sj.jp.7200364

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