Professional liability in a neonatal intensive care unit: a review of 20 years' experience.
OBJECTIVE
To examine neonatal intensive care unit (NICU) malpractice claims and identify common characteristics likely to result in malpractice.


METHODS
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%).


CONCLUSIONS
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.
Mangurten
H H
HH
Department of Pediatrics, Lutheran General Children's Hospital, Park Ridge, IL 60068, USA.
Angst
D B
DB
See
C
C
Boyle
D
D
Beckman
S
S
D000328:Adult; D005190:Family; D005260:Female; D006776:Hospitals, Pediatric; D006801:Humans; D007087:Illinois; D015994:Incidence; D007231:Infant, Newborn; D007363:Intensive Care Units, Neonatal / Q000331:legislation & jurisprudence*; D016365:Liability, Legal; D008297:Male; D008318:Malpractice / Q000191:economics / Q000706:statistics & numerical data*; D012189:Retrospective Studies; D018570:Risk Assessment; D012307:Risk Factors