Was Your Baby’s Necrotizing Enterocolitis (NEC) Preventable?

At Ross Feller Casey, we have seen how medical negligence can contribute to the onset or worsening of NEC. While not every case of NEC is the result of malpractice, failures in medical judgment, delayed diagnosis, or inappropriate feeding practices sometimes play a role. Understanding how NEC develops and the standards of care involved can help families determine whether their child’s suffering might have been preventable.

What Is NEC?

NEC is a serious intestinal disease that primarily affects premature and medically fragile infants. In NEC, bacteria invade the intestinal wall, causing inflammation, tissue death, and sometimes perforation of the intestines. The condition can progress quickly, requiring emergency surgery, prolonged hospitalization, or, in severe cases, result in death.

Symptoms often include feeding intolerance, abdominal swelling, vomiting, bloody stools, difficulty breathing, lethargy, and vital sign instability. Because NEC can worsen rapidly, timely recognition and treatment are essential.

Why Are Premature Infants Most At Risk?

Premature babies, especially those born before 32 weeks of gestation, are far more likely to develop NEC than full-term infants. Their intestinal systems are underdeveloped, their immune defenses are weaker, and they often require intensive medical interventions that increase their vulnerability. The use of certain feeding practices, including formula feeding instead of breast milk, has also been linked to a higher risk of NEC.

This makes careful monitoring, early intervention, and evidence-based feeding decisions critical in neonatal intensive care units (NICUs).

Can NEC Be Prevented?

Not every case of NEC is preventable. However, there are situations where proper medical care would have reduced the risk or limited the severity of the disease. Your baby’s NEC may have been preventable if providers failed to follow established standards of care, including:

• Recognizing risk factors. Doctors and nurses need to closely monitor premature infants and other high-risk babies for early warning signs of NEC.
• Responding promptly to symptoms. Delayed diagnosis or failure to act on signs such as abdominal swelling, feeding intolerance, or bloody stools can allow NEC to progress unchecked.
• Using safe feeding practices. Evidence strongly suggests that breast milk reduces the risk of NEC compared to formula. In many NICUs, donor breast milk is available when a mother’s own milk is not. If a baby was given formula despite clear risk factors, this may raise serious questions about the care provided.
• Coordinating care effectively. Miscommunication between providers, inadequate monitoring, or failure to order necessary tests such as X-rays or blood work can contribute to delays in diagnosis and treatment.

When these lapses occur, the chances of preventing NEC or minimizing its severity are diminished.

When Do These Failures Become Medical Malpractice?

To prove medical malpractice, families must show that the medical team failed to meet the accepted standard of care and that this failure caused harm to their child. In the context of NEC, malpractice might involve ignoring early symptoms, failing to diagnose or treat NEC promptly, or choosing unsafe feeding practices for a premature infant, increasing their risk of harm.

For example, if a baby developed NEC after being fed formula despite clear risk factors, or if a doctor failed to diagnose NEC until the disease had progressed to a life-threatening stage, those failures may constitute negligence. Every case is different, and determining whether malpractice occurred requires a detailed review by medical and legal experts.

What Are The Consequences Of NEC?

The consequences of NEC are often devastating and, in the worst cases, can be fatal. Babies who survive may face lifelong health problems, including short bowel syndrome, developmental delays, and growth issues. Parents endure emotional trauma, often questioning whether more could have been done to protect their child. Financially, families may face overwhelming medical bills for surgeries, extended NICU stays, and ongoing care.

When negligence plays a role, families not only deserve answers but also need financial support to provide the best possible future for their child.

How Ross Feller Casey Can Help

Ross Feller Casey has built a national reputation for handling complex birth injury and pediatric malpractice cases, including those involving NEC. Our team includes both leading trial attorneys and on-staff physicians who understand the medical nuances of neonatal care. This unique combination allows us to uncover the truth in even the most complicated cases.

We have won large verdicts and settlements for our clients, including record-setting recoveries in medical malpractice and birth injury cases. Our goal is always to hold negligent providers accountable and secure the resources families need to move forward.

If your baby developed NEC and you suspect it could have been prevented with better care, you do not have to search for answers alone. Ross Feller Casey offers free consultations to review your case and explain your legal options. We work on a contingency fee basis, which means you pay nothing until a financial recovery is made in your case. Contact Ross Feller Casey today to speak with our experienced legal and medical team.