San Antonio NEC Lawyer for Medical Malpractice Claims

Our San Antonio NEC lawyer group understands the devastating impact that necrotizing enterocolitis (NEC) can have on families. Our experienced attorneys are dedicated to fighting for justice and compensation for those affected by medical malpractice related to necrotizing enterocolitis.

While many NEC lawsuits are rightly holding Similac and Enfamil baby formula manufacturers accountable for their role in increasing the NEC risks across the United States, it’s important to recognize that necrotizing enterocolitis (NEC) has been a known threat to preterm infants long before toxic infant formulas were introduced.

For decades, medical professionals have been trained to identify and treat NEC, equipped with the knowledge of the risks of developing NEC and skills for intervening promptly to prevent severe infection and complications for babies who have developed NEC, especially for those born prematurely. Despite this, there are numerous instances where healthcare providers failed to diagnose NEC or adequately treat NEC, leading to catastrophic outcomes for vulnerable premature infants.

Medical professionals have a duty to stay informed about potential risks and adhere to the highest medical standards of care and national patient safety goals, especially when it comes to the well-being of premature babies. The FDA’s information about the dangers of certain baby formula products was available to healthcare providers well in advance.

Ignorance or neglect of this crucial information can be extremely frustrating for parents, particularly when medical professionals are specifically trained to recognize NEC symptoms and administer timely treatment. Their failure to diagnose or treat NEC not only reflects a breach of their professional responsibilities but also a profound neglect of the trust placed in them by families.

Holding negligent medical professionals accountable is essential to ensure that similar lapses in care do not continue to harm other infants in the future. At Janicek Law, our San Antonio birth injury lawyers are committed to fighting for justice for families, ensuring that medical negligence is addressed, that proper accountability is enforced, and that families receive the financial compensation they deserve.

Call our medical malpractice law firm to schedule a free consultation. Our San Antonio necrotizing enterocolitis lawyer group works on a contingency fee basis, so clients won’t owe any legal fees unless their attorney secures a favorable settlement or verdict with their NEC claims.

What Causes Necrotizing Enterocolitis?

Necrotizing enterocolitis (NEC) is a severe gastrointestinal disease that primarily affects premature infants. It occurs when the intestinal tissue becomes inflamed and starts to die. The exact cause of NEC in premature babies is not fully understood, but factors such as an underdeveloped intestine, formula feeding, and bacterial infection are believed to play a significant role.

Nec Symptoms

The symptoms of NEC can be alarming and include:

  • abdominal swelling

  • feeding intolerance

  • bloody stools

  • vomiting

  • lethargy

  • temperature instability

Early recognition and prompt medical intervention are crucial to improving outcomes for infants who develop NEC. If your baby developed NEC and the doctor or neonatal intensive care unit failed to diagnose or treat the condition, they may be liable for damages in a NEC lawsuit.

Why are Premature Babies at Higher Risk of NEC?

Premature babies are at a higher risk of developing NEC due to their underdeveloped intestines, which are more susceptible to inflammation and infection. The immaturity of their immune system and gastrointestinal tract makes them particularly vulnerable to this condition.

San Antonio NEC Lawyer

What Baby Formulas are Linked to Necrotizing Enterocolitis?

It’s important for parents to understand that baby formula makers did not create necrotizing enterocolitis with milk-based formulas. Necrotizing enterocolitis (NEC) was first successfully treated in 1943. So, physicians and neonatal intensive care units have been privy to this information well before the baby formula-NEC issues began.

However, if your child developed NEC, it’s important to understand which (if any) infant formula was the cause. In some cases, parents begin the process of filing product liability lawsuits, only to find that their child’s necrotizing enterocolitis was caused by a hospital outbreak or cause other than toxic NEC infant formula.

NEC infant formula lawsuits often focus on Enfamil baby formula for newborns and premature infants, which includes:

  • Enfamil 24 Calorie Formula
  • Enfamil DHA-In-Sol
  • Enfamil Enfagrow Toddler and Enfagrow Premium Toddler
  • Enfamil Enspire
  • Enfamil Human Milk Fortifier (liquid, acidified, powder, and standard protein)
  • Enfamil NeuroPro EnfaCare Premature Baby Formula
  • Enfamil NeuroPro Gentlease
  • Enfamil Nutramigen
  • Enfamil Premature 24 Cal
  • Enfamil Premature 30 Cal
  • Enfamil Premature Infant Formula 24 Cal
  • Enfamil Premature Infant Formula 30 Cal with Iron
  • Enfamil Premature Infant Iron Formula 20 Cal
  • Liquid Enfamil Human Milk Fortifier High Protein

Class action NEC lawsuits typically involve Similac’s special formulas designed for premature babies, which include:

  • Similac Special Care
  • Similac Human Milk Fortifier
  • Similac NeoSure
  • Similac Alimentum
  • Similac Alimentum Expert Care
  • Similac Human Milk Fortifier Concentrated Liquid
  • Similac Human Milk Fortifier Powder
  • Similac Liquid Protein Fortifier
  • Similac Special Care 20
  • Similac Special Care 24
  • Similac Special Care 24 High Protein
  • Similac Special Care 30
  • Similac Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
NEC lawsuit San Antonio

What is Failure to Diagnose Necrotizing Enterocolitis (Nec)?

Failure to diagnose NEC occurs when medical professionals do not recognize or act upon the early signs and symptoms of necrotizing enterocolitis (NEC). This delay in diagnosis and treatment can lead to severe long-term complications, including intestinal perforation (a hole in the intestinal wall), severe infection leading to sepsis, and even death.

If your infant suffered from sepsis or another serious infection because a medical professional failed to recognize the signs of NEC, contact a San Antonio sepsis attorney for a free consultation.

How Medical Malpractice Can Hurt a NEC Baby

A baby can develop NEC without the involvement of medical mistakes. However, medical professionals should be well-versed in the risks of developing NEC, and if the baby does develop the condition, NEC treatments should follow immediately to minimize damage to the baby’s bowel. Treatments should certainly occur before the infant develops a severe infection.

If a doctor suspects that a baby developed NEC, they should order an x-ray of the baby’s belly, test bowel movements for blood, and check the baby’s white blood cell count. However, even a doctor’s failure to suspect NEC does not absolve them of medical negligence in most cases.

Once the baby is diagnosed with necrotizing enterocolitis, the doctor should ensure feedings are stopped and order an intravenous line (IV) to give the baby sufficient fluids and antibiotics. An orogastric or nasogastric tube may be used to help both low-birth-weight babies and full-term babies by removing food, gas, and air from the baby’s stomach. The doctor should also monitor the child’s belly and overall condition with more X-rays, arterial blood gases, and blood tests.

Even for low birth weight infants, medical staff should have caught the baby’s necrotizing enterocolitis soon enough for these treatments to help the baby’s condition. However, in cases in which necrotizing enterocolitis was discovered much later, the infant may require surgeries to prevent additional damage to the intestinal tissue or for the baby to survive NEC altogether.

The first surgery removes the damaged portion of the baby’s intestinal wall and places a colostomy or ileostomy to help the baby’s belly heal. After the necrotizing enterocolitis infection is gone, the baby will undergo additional surgery to reconnect the bowel or reverse the colostomy.

Do Doctors Lie About Medical Malpractice in Birth Injuries?

Unfortunately, doctors do not always fully disclose medical errors or negligent lapses in medical care. This can be especially true in cases of birth injuries, where medical professionals might be reluctant to admit fault due to the rightfully severe consequences and potential legal repercussions.

The Mongan Institute for Health conducted a survey of almost 1,900 doctors. In this survey, 1 out of 5 doctors admitted they “hadn’t fully disclosed their mistakes over the past year in order to avoid a lawsuit.”

This survey of doctors also revealed that 40% “didn’t think it was necessary to tell patients if they had accepted speaking fees or a free vacation from the manufacturer of the drug they were prescribing or whether they owned the scanner for the imaging test they were ordering.”

This information is important. 80% of baby formulas in the United States come from major pharmaceutical companies. Abbott Laboratories, the manufacturer responsible for the formulas named in many baby formula lawsuits, falls into this category.

Doctors are frequently courted by big pharmaceutical and medical device companies, like Abbott Laboratories, who provide them incentives to promote products. Critics have raised concerns over neonatal intensive care units providing promotional marketing materials to patients. Specifically, many were already concerned about the baby formula samples provided in hospital settings to new mothers long before any NEC infant formula lawsuit came to fruition.

So, while your baby’s physician or neonatal intensive care unit may not have been responsible for toxic baby formula products, they did have access to the FDA’s information, and the hospital gladly helped market the Similac and Enfamil baby formula to new moms with babies born prematurely, despite the known risks.

San Antonio NEC attorney

Can I Sue If My Baby Develops NEC in Texas?

Yes, if your baby develops NEC as a result of medical negligence or malpractice, you may have grounds to file a lawsuit in Texas. Consulting with a knowledgeable San Antonio NEC lawyer at Janicek Law can help you understand your legal options and pursue the compensation you deserve.

Liability in a San Antonio Nec Lawsuit

Liability in NEC lawsuits can extend to multiple parties involved in the infant’s care:

Doctors and NICU staff responsible for monitoring and treating the baby can be held liable if their negligence contributed to the development or worsening of NEC.

Hospitals may be held accountable for failing to provide adequate care, proper staff training, or necessary resources to prevent and treat NEC.

While rare, NEC outbreaks can happen in hospital NICUs. During an outbreak, several preterm infants can develop necrotizing enterocolitis at the same time. Bacteria or other germs may cause such outbreaks in NICU settings.

If your baby developed NEC, and you believe the hospital staff acted negligently, contact an experienced San Antonio NEC lawyer at Janicek Law for a free consultation. Our San Antonio hospital negligence lawyers have extensive experience with these claims.

Certain baby formula manufacturers, such as Similac and Enfamil formula manufacturers, have been linked to an increased risk of NEC in premature infants. If it can be proven that these products contributed to the development of NEC, the manufacturers may be held liable.

Medical Malpractice NEC Lawsuit vs Class Action NEC Baby Formula Lawsuit

A medical malpractice NEC lawsuit focuses on the negligence of healthcare providers, while an NEC baby formula lawsuit targets the manufacturers of the formula that may have contributed to the condition. Both types of lawsuits aim to secure compensation for affected families but differ in the parties held accountable.

Compensation for NEC Babies in San Antonio

Compensation in NEC cases can cover medical expenses, pain and suffering, long-term care costs, and other related damages. The exact amount will depend on the specifics of the case and the extent of the injuries sustained.

San Antonio baby formula lawsuit

How a San Antonio NEC Attorney Can Help With Medical Malpractice Claims

A skilled San Antonio NEC attorney from Janicek Law can help by investigating the circumstances of your case, gathering evidence, and building a strong legal strategy to hold the responsible parties accountable. Our goal is to ensure you receive the maximum compensation for your child’s suffering and medical needs.

Necrotizing Enterocolitis Lawyer in San Antonio

If your baby has suffered from NEC due to medical malpractice, Janicek Law is here to help. Our experienced San Antonio medical malpractice lawyers understand the complexities of NEC cases and are dedicated to fighting for justice on behalf of your family. Contact us today for a free consultation, and let a San Antonio NEC lawyer assist you in securing the compensation you deserve.

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