NICU Errors

NICU Error Lawyers in North Carolina

Trial-Ready Malpractice Representation for Triad Families

A NICU error isn’t the same as a birth injury. When negligence occurs inside the neonatal intensive care unit after a newborn has been admitted for care, it falls into a distinct category of medical malpractice with its own evidence, defendants, and legal requirements. At Comerford Chilson & Moser, we represent families in Winston-Salem, Greensboro, High Point, and the surrounding areas whose newborns were harmed by preventable errors during NICU treatment.

Newborns receiving care at regional Level III and Level IV NICUs, including Brenner Children’s Hospital in Winston-Salem and Cone Health’s Women’s Hospital in Greensboro, depend on precise, protocol-driven care. When the standard of care fails, the consequences can follow a child for life.

If you believe your newborn’s injury resulted from negligent NICU care, call us at (336) 568-8779 to schedule a free consultation. We review your case at no charge and don’t collect attorney’s fees unless we recover for you.

Recognized Categories of NICU Medical Negligence

NICU patients are among the most vulnerable in any hospital. Premature and critically ill newborns have almost no physiological reserve, so errors that might be correctable in adults can cause permanent harm within minutes. We review neonatal intensive care negligence claims involving the following categories of error.

Medication & Dosing Errors
Tenfold decimal-point dosing mistakes are a recognized hazard in neonatal care. A newborn receiving ten times the intended dose of a drug has little ability to compensate, and the window for intervention is narrow.

Misplaced Lines, IVs & Feeding Tubes
Central lines, peripheral IVs, and feeding tubes require precise placement in a newborn’s small anatomy. A malpositioned central line can cause stroke and permanent brain damage. A misplaced feeding tube can deliver nutrition directly to the lungs.

Ventilator Mismanagement
Miscalibrated ventilator settings can cause hypocarbia (abnormally low carbon dioxide levels) or a pneumothorax (collapsed lung), either of which can reduce blood flow to the developing brain and may contribute to periventricular leukomalacia or cerebral palsy.

Hypoxic-Ischemic Encephalopathy (HIE)
HIE is a form of brain injury caused by reduced oxygen and blood flow. Therapeutic hypothermia, a controlled cooling treatment, must begin within six hours of the oxygen-depriving event to reduce the risk of cerebral palsy. Missing that window can support a negligence claim.

Delays in Recognizing Infection
Neonatal sepsis, meningitis, and group B streptococcal infection can cause brain damage and permanent disability if not promptly diagnosed and treated. Delays in recognizing infection in a NICU patient are a recognized source of preventable harm.

Neonatal Hypoglycemia & Jaundice
Low blood sugar is both straightforward to detect and a leading cause of newborn brain injury when missed. Elevated bilirubin, left untreated, can cross into brain tissue and cause kernicterus, a permanent and severe form of brain damage. Both conditions are associated with better outcomes when addressed promptly.

Why North Carolina Families Choose Comerford Chilson & Moser

NICU malpractice cases require medical sophistication, patience, and a willingness to litigate. We don’t push families toward early settlements when the injury demands full compensation. We prepare every case for trial, and insurers know it.

Founded in 1999, our attorneys bring over 90 years of collective legal experience to these cases and have recovered hundreds of millions of dollars for wrongfully injured clients. We intentionally keep a small caseload so each family receives direct, sustained attention throughout the process. Our firm holds the AV Preeminent® Peer Review Rating from Martindale-Hubbell®, its highest possible rating, and our lawyers have been recognized by Super Lawyers® annually from 2006 through 2026, including Super Lawyers® Rising Stars in 2009 and 2014. Comerford Chilson & Moser has also been ranked among “Best Law Firms” by Best Lawyers®.

North Carolina Filing Deadlines for NICU Malpractice Claims

North Carolina’s rules for medical malpractice claims are strict, and NICU cases carry deadlines that families often don’t realize are already running. Under N.C. Gen. Stat. § 1-15(c), a claim generally must be filed within three years of the last negligent act. If the injury wasn’t readily apparent, a one-year discovery rule applies, but an absolute four-year statute of repose cuts off any claim not filed within four years of the negligent act, regardless of when the family discovered the harm.

Many families assume that because the injured patient is a child, the deadline is extended significantly. North Carolina provides only limited tolling for minors in medical malpractice cases. Courts have held that tolling extends only until the child’s 10th birthday, a narrower window than what applies to minors in other civil claims. Families shouldn’t rely on their child’s age as a reason to delay consulting an attorney.

Before a malpractice complaint can be filed, North Carolina Rule of Civil Procedure 9(j) requires certification that a qualified medical expert reviewed the care at issue and is prepared to testify that it fell below the accepted standard of care. Failure to include this certification when the complaint is filed can result in dismissal. This requirement is one reason thorough pre-filing investigation matters.

What Compensation Can Cover in a North Carolina NICU Claim

North Carolina doesn’t cap economic damages in medical malpractice cases. Economic damages can include past and future medical expenses, rehabilitation and therapy costs, assistive devices, home modifications, and lost earning capacity over a lifetime. For a child who sustains permanent neurological injury in the NICU, these figures can be substantial.

Noneconomic damages, such as pain and suffering, are capped in most North Carolina medical malpractice cases. The cap adjusts for inflation every three years and stands at $712,847 as of January 1, 2026. The cap doesn’t apply, however, where the patient suffered disfigurement, loss of use of a body part, permanent injury, or death, and the provider’s conduct involved reckless disregard, gross negligence, fraud, or malice. In severe NICU injury cases involving permanent harm, this exception can be relevant to evaluating compensation.

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Why Our Clients Choose Us

Lawyers You Can Rely on When You're Injured

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How We Investigate a Possible NICU Error Before Filing

North Carolina’s Rule 9(j) certification requirement means the investigation has to happen before the complaint is filed, not after. Our legal team obtains and reviews the newborn’s complete medical records and works with reputable medical experts to assess whether the care provided met the accepted standard. That review identifies which providers and institutions may bear liability and builds the specific, expert-supported basis that North Carolina law requires.

This process takes time, and we use that time to construct a case that can withstand litigation rather than one shaped around a quick resolution. Families who come to us with questions about their newborn’s care receive an honest assessment of whether the evidence supports a claim and what that claim may recover.

Talk to Our Firm About Your Newborn’s NICU Care

If your child was harmed during NICU treatment, you don’t need to have answers before you call us. We’ll listen to what happened, review the situation, and tell you what we see. There’s no obligation, and no attorney’s fee unless we recover compensation for your family.

Contact Comerford Chilson & Moser at (336) 568-8779 to schedule your free consultation with our North Carolina medical malpractice attorneys.

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