Can Failure to Diagnose Necrotizing Enterocolitis (NEC) Lead to Medical Malpractice?

Babies born prematurely may experience low birth weight and difficulty nursing. Premature newborns are often fed formula to provide supplemental nutrition and help the baby gain weight. In some situations, these factors can lead to necrotizing enterocolitis, or NEC, a dangerous and potentially deadly disease that destroys intestinal tissue, causing vomiting, diarrhea, abdominal swelling, and difficulty retaining food. Left untreated, NEC can cause long-term health complications or even death.

Key Takeaways

• Necrotizing enterocolitis (NEC) is a potentially deadly disease that destroys intestinal tissue. It primarily affects newborns and premature babies. Signs of NEC include vomiting, difficulty retaining food, diarrhea, and abdominal swelling.
• Not every case of NEC is preventable, but many can be avoided through proper monitoring and timely, appropriate medical intervention.
• Babies who experience NEC may suffer long-term health consequences such as short bowel syndrome, developmental delays, and growth issues. Parents may experience emotional trauma, as well as overwhelming medical bills and other losses.
• If you believe a healthcare provider failed to follow accepted medical standards and protocols and your baby developed NEC as a result, a skilled necrotizing enterocolitis attorney can evaluate your situation and provide advice and guidance to help your family move forward.

What Is Necrotizing Enterocolitis (NEC)?

Necrotizing enterocolitis (NEC) is a potentially deadly disease that destroys intestinal tissue. Although not technically classified as a birth injury, it often affects newborns and is particularly dangerous for babies born prematurely. NEC causes the baby’s intestinal tissues to die, resulting in holes in the intestine that allow bacteria to spill into the abdomen, which can cause severe medical conditions such as abdominal infection (peritonitis), narrowing of the intestines, sepsis, and short bowel syndrome. Babies experiencing NEC might experience vomiting, difficulty retaining food, diarrhea, and swelling of the abdomen.

In some cases, NEC develops when premature babies cannot digest food properly, allowing the bacteria that cause NEC to develop. Newborns who were sick or fed concentrated baby formula are at higher risk of NEC.

What Are the Risk Factors and Signs for Necrotizing Enterocolitis?

Necrotizing enterocolitis has various causes and risk factors. Babies born prematurely, particularly before the 37th week, often have underdeveloped intestines, weakened immune systems, and may require intensive medical intervention, all of which increase the risk of NEC. Feeding a newborn formula instead of breast milk has been linked to an increased risk of NEC.

Babies with NEC often exhibit the following symptoms:

• Changes in breathing and body temperature
• Changes in blood pressure and heart rate
• Diarrhea or bloody stool
• Green or yellow vomit
• Minimal weight gain
• Lethargy
• Pain and swelling in the abdomen
• Refusal to eat

If you suspect NEC or your baby’s doctor mentions it as a possibility, you should seek medical assistance immediately. The baby’s physician should explain treatment options and the risks of providing a premature infant with formula.

Can Medical Negligence Cause NEC?

The days and weeks after a child is born can be overwhelming, particularly if your baby is experiencing difficulty feeding or is experiencing medical problems. While not every case of necrotizing enterocolitis is preventable, many can be avoided through proper monitoring and timely medical intervention:

• Healthcare providers should closely monitor premature babies for signs and symptoms of NEC.
• Evidence suggests that breast milk reduces the risk of NEC. Healthcare providers should promote the mother’s own milk or donor milk to reduce NEC risk.
• Once NEC is diagnosed, medical providers should stop oral and tube feedings and provide fluids and antibiotics through an IV and nutrients through a nasogastric tube. If a bowel perforation is suspected, surgical intervention to repair the bowel to prevent a rupture should be considered.

If lapses in treatment allow NEC to develop or progress, it could indicate medical negligence.

What Are the Consequences of NEC?

Babies who experience necrotizing enterocolitis may experience lifelong health problems, such as short bowel syndrome, developmental delays, and growth issues. Parents often experience trauma and may question whether more could have been done to protect their child. Families may also face overwhelming medical costs, including surgeries, extended NICU stays, and ongoing care.

How to Prove Medical Negligence Caused NEC

If a medical provider or healthcare facility failed to follow established standards for treating premature babies and newborns and your baby developed NEC, your family may be entitled to compensation for medical malpractice.

To prove medical negligence in a malpractice case, the family must establish that the medical team failed to meet the accepted standard of care and that this failure caused harm to their child. In the context of NEC, this might mean ignoring early symptoms, failing to diagnose or treat NEC promptly, or choosing unsafe feeding practices for a premature infant despite known risks of NEC. Medical malpractice can also arise in situations where a premature baby was given formula instead of breast milk, or a doctor failed to diagnose NEC until the condition had progressed to a life-threatening stage.

Contact a Necrotizing Enterocolitis Lawyer at the Fraser Law Firm Today

When NEC is caused by medical negligence, the baby’s family may be entitled to compensation for medical expenses, lost parental income, and emotional distress. They may also be compensated for the pain the child endured and any long-term consequences of NEC. In cases of wrongful death due to NEC, the family is entitled to compensation for final expenses and other losses associated with the tragic loss of a baby.

The Fraser Law Firm proudly helps clients in Oregon, Washington, and Idaho obtain their rightful compensation for necrotizing enterocolitis caused by medical malpractice. Contact the Fraser Law Firm today or call 971-266-8877 to schedule a free consultation and learn how we can help.