Can failure to treat neonatal seizures lead to a birth injury claim?

Neonatal seizures are among the most serious neurological crises a newborn can face, and the American Academy of Pediatrics identifies preventing further brain injury as a central goal of management.

When providers failed to meet that objective through delayed recognition, inadequate monitoring, or failure to treat, the consequences can form the basis of a malpractice claim.

Many neonatal seizures produce no obvious physical movements and can only be detected through EEG monitoring. The International League Against Epilepsy identifies these electrographic-only seizures as a recognized phenomenon and emphasizes EEG as the standard for diagnosing neonatal seizures. When a medical team fails to order EEG monitoring for a newborn at high risk, or fails to respond to electrographic seizure activity once identified, that gap in care becomes a central issue in the legal analysis.

What failures in seizure management can support a malpractice claim?

A neonatal seizure negligence investigation typically examines the timeline from the first sign of seizure activity through treatment, including whether providers:

• Recognized abnormal movements or behavioral changes that pointed to seizure activity
• Obtained appropriate EEG monitoring for a high-risk newborn
• Identified and investigated the underlying cause, whether HIE, stroke, hemorrhage, or infection
• Started antiseizure treatment without unreasonable delay
• Responded appropriately to status epilepticus or persistent seizure activity

An unreasonable delay at any point in that sequence, measured against the accepted standard of care, can establish the breach that a malpractice claim requires.

What records are reviewed in a neonatal seizure investigation?

The records experts commonly examine include fetal heart rate monitoring strips, labor and delivery notes, Apgar scores, cord blood gas results, NICU records, EEG and continuous EEG data, medication logs, brain MRI findings, and neurological evaluations. EEG records carry particular weight because they can establish when seizures began, how long they continued, and how well treatment worked.

How Sean M. Cleary Can Help in a Neonatal Seizures Case

Neonatal seizure cases require medical experts who can analyze the EEG record, reconstruct the treatment timeline, and establish a direct connection between delayed or inadequate care and your child's neurological injury. Attorney Sean M. Cleary reviews every case personally and works with the specialists needed to build that foundation.

If your child suffered neurological damage following neonatal seizures and you believe the medical team failed to respond appropriately, contact The Law Offices of Sean M. Cleary today for a free case evaluation.