Can I Sue If My Doctor Failed to Diagnose Necrotizing Enterocolitis?

Patients may be eligible to sue if their doctor failed to diagnose their necrotizing enterocolitis. NEC affects about 2 infants in every 1000 births. Seventy percent of reported cases were in premature infants, affecting 2% to 5% of all premature infants. ^[1] Misdiagnosis (which effectively delays treatment as well) of this condition can lead to adverse consequences. Affected families are entitled to legal compensation, and may do so through a medical malpractice claim. 

Generally speaking, medical malpractice can include:

• Ignoring early warning signs
• Failure to order necessary tests
• Failure to monitor high-risk infants properly
• Allowing inappropriate feeding practices
• Misinterpretation of test results

What is Necrotizing Enterocolitis?

Necrotizing enterocolitis is a serious intestinal disease that affects newborns. It occurs when bacteria invade their intestinal walls, causing inflammation and tissue death. Premature babies (born before 36 weeks of gestation) are at-risk of contracting this condition, especially during their first 2-3 weeks of life.^[1]

Apart from premature birth, major risk factors for this condition include:

• Low birth weight
• High-osmolarity formula feeding
• Respiratory issues
• Compromised blood flow

Symptoms of NEC present themselves in different paces. Still, these symptoms can cause serious alarm that necessitate immediate medical attention. Symptoms for necrotizing enterocolitis include: ^[2]

• Bloating
• Blood in stool
• Diarrhea
• Vomiting
• Feeding problems
• Lack of energy
• Unstable body temperature
• Unstable breathing, heart rate, or blood pressure

Doctors may conduct several exams to diagnose this disease. These exams may include abdominal x-rays, occult blood tests, complete blood counts, among many others. With these tests, doctors should be able to provide you with a proper diagnosis.

Potential Complications

Necrotizing enterocolitis, when undiagnosed and left untreated, can quickly lead to a myriad of complications. Potential complications for this disease include:^[2]

• Peritonitis
• Sepsis
• Perforation
• Intestinal Stricture
• Liver problems
• Short bowel syndrome

These complications can further weaken infants and could eventually lead to their demise. Seek emergency medical care as soon as any symptom of NEC presents itself.

Treatments for NEC

Early aggressive treatments are crucial when treating NEC. In cases of severe abdominal and intestinal infection, doctors would need to perform a surgery to remove dead bowel tissues. Doctors would need to wait for the organs to heal before they can be reconnected with each other – which could take anywhere from several weeks to months.^[2]

During this healing time, treatments for necrotizing enterocolitis include:

• GI tract feedings
• Assisted gas relief
• IV fluids and nutrition
• IV antibiotics
• Consistent monitoring (x-rays and blood tests)

What is the Survival Rate of NEC?

The mortality rate for necrotizing enterocolitis ranges from 10% to 50% in various literatures. However, in severely mismanaged cases – wherein there is perforation, peritonitis, and sepsis – mortality rate is as high as 100%.^[1] This further emphasizes the importance of early detection and intervention.

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What is the Average Settlement for an NEC claim?

While there is no definitive figure for the average settlement cost for mismanaged necrotizing enterocolitis, data from the National Practitioners Data Bank show that medical malpractice cases in the U.S. get settled at $396,203 on average (2024 data only). Average settlement cost is slightly higher in New York, which is currently at $461,583.

All medical expenses (past and future) are considered in a medical malpractice claim. In birth injury cases, compensation ensures that an injured child is provided with all the necessary support for their growth and development. Injured mothers must also be allowed to return to their healthiest state.

Apart from medical expenses, other economic and non-economic losses are also factored in. Lost income, emotional trauma, and decreased quality of life are some of the more common considerations. For actual compensation figures, please refer to our previous wins. Our experienced attorneys are well versed in the intricacies of medical malpractice litigation and birth injury lawsuit settlements, and we can walk you through all the necessary steps to secure your claim. Contact us today to learn more.

Speak to a Medical Malpractice Lawyer Today

At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.

If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or  info@porterlawteam.com to schedule a consultation.