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My newborn IV infiltrated and cause redness and blistering in her limb at the hospital is this a case of negligence?

Vicksburg, MS |

My newborn had an IV in her foot the moniter kept going off every 15 to 20 minutes the nurse did come in the room but no one checked the actual IV site they just kept resetting the moniter. my baby was crying all morning I knew something was wrong but I couldnt figure it out I called my grandmom and she told me to ask the nurse to check the IV site and when she checked it my baby whole leg was full of fluid and her foot blistered and red it has healed now but it could have been prevented. baby's can not speak when they are hurting there should be extra precaution taken.I feel like my baby was in Pain all night and it wasnt RIGHT it could have been prevented by one simple step! my point is no one checked my baby's leg is this a case for negligance. I need some legal advice

Attorney Answers 4


I'm sorry your child suffered some discomfort. Medical malpractice cases usually require proving that a health care provider failed to follow the accepted standard in the field. Proving that usually requires the testimony of another health care professional. Health care professionals are often reluctant to testify against each other. Most people who are the victims of medical negligence don't bother to make a claim. Of those who do, only about 20% ever get any money. Nonetheless, you should probably call an attorney who does medical malpractice cases on the telephone to discuss the particular facts of your circumstances.

[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]

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Good for you that you and Grandmom kept on the nurses until they checked the leg. If you had let this go on too long your baby could have required surgery, even an amputation. I've seen it happen. However, it seems that no permanent injury resulted. Absent a permanent injury it is unlikely that there is a viable case here. If there turn out to be permanent ill effects or major scarring, it would be worthwhile to consult a medical malpractice lawyer.

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I’m so sorry to hear about what you and your newborn had to endure. Although it’s absolutely terrible that your child had to be in pain all night, she is very fortunate to have a diligent mother like you to alert the nurses to the problem. I handled a case wherein an IV infiltrated and the nurses did absolutely nothing to assist the patient. The patient ended up suffering from compartment syndrome requiring a major surgery and suffered some pretty serious nerve damage.

I always tell potential clients that their good health is always better than a good lawsuit. While the fact that your baby has healed may affect the viability of a medical malpractice lawsuit, you should still contact a medical malpractice attorney in MS. You may want to request your medical records and provide them to the medical malpractice attorney for his or her review. (Some attorneys may prefer to request the records themselves.) Once an attorney has the relevant medical records, he or she may review them and determine which (if any) medical experts will be needed to review the records to make a determination as to negligence and damages.

I wish you and your child the very best of luck in the future.

This response is only informational and is not intended to provide legal advise nor to establish an attorney-client relationship.

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Sadly, IV infiltrates are common in babies for a number of reasons including that fact that they are small and move a lot. Nevertheless, it is inexcusable for the nurse to have reset the monitor without checking the baby. If your daughter had a whole leg full of fluid and a blistered foot, she may have significant scarring from this incident. Sometimes the scarring restricts movement later as the child grows. I strongly recommend you have your daughter seen by a pediatric plastic surgeon and that you consult with a local medical malpractice attorney regarding this incident. Good luck!

You may contact Ms. Brown at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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