10990 Wilshire Blvd., Suite 1040 Los Angeles, CA 90024 Schedule Your Free Consultation (310) 209-1600 info@michaelkahnlaw.com

Cost-saving measures at hospitals which delay blood testing could result in strong medical malpractice claims

newbornAccording to an investigative report from the Milwaukee Journal Sentinel, many hospitals are not meeting their obligation to ensure timely completion of newborn blood screening, a trend which has disturbing implications for new parents.

In the case of one Arkansas newborn, blood screening delays nearly cost the infant its life. The baby had blood collected 2 days after birth, which just barely met the standard screening protocol timeframe. However, the blood sample was not tested for nearly a month. During the 24 days that the sample awaited testing, the baby became seriously ill and nearly died. When the results of the blood test finally came back, a diagnosis of galactosemia was given. Had the testing been completed sooner, the condition could have been identified and treated earlier, resulting in less suffering for the baby and its parents.

Causes of Newborn Blood Screening Delays

Newborn blood screening is required by law in every state, but unfortunately many state-run programs do not follow the federal guidelines issued by the US Department of Health and Human Services in 2005. These guidelines call for blood samples to be collected from babies within 48 hours of birth. The samples should arrive at a qualified lab within 3 days of collection.

The Milwaukee Journal Sentinel investigated newborn screening programs in 31 states plus DC and discovered the following causes of newborn blood screening delays:

Cost-Saving Measures: Instead of using overnight delivery or courier services to send samples to labs, many hospitals use regular US mail services to save money, which results in late delivery. For example, at one Phoenix hospital, 70 percent of blood samples took at least five days to get to the lab—which was located only seven miles away—because regular mail services were used.

Lab Closures: Many labs are closed on weekends and holidays, which can delay testing even if the hospital sends the samples in a timely manner.

Lack of Oversight: In many states, public health officials and lab administrators have fought hard to keep their track records hidden. This lack of accountability and oversight results in many hospitals routinely missing their deadlines yet suffering no consequences.

Late Testing Can Constitute Medical Malpractice

When an infant dies or suffers harm due to a medical facility’s failure to provide adequate care in accordance with the accepted standard of practice, this can form the basis of a medical malpractice case. Parents may sue to recover medical costs for their ill child or to receive compensation for the pain and suffering associated with the wrongful death of an infant. If you believe that late blood screening resulted in a treatable condition harming your child, contact an experienced attorney such as Michael A. Kahn immediately.

Need Help? Call us anytime at (310) 209-1600