Recent developments at Henrico Doctors’ Hospital leave many families and community members with pressing questions and deep concerns. Several infants in the Neonatal Intensive Care Unit (NICU) were found with unexplained fractures—injuries that are rare, especially in such a vulnerable population. This alarming situation has led to a criminal investigation, and according to news reports, the voluntary suspension of NICU admissions at Henrico Doctors’ Hospital, and the implementation of enhanced safety protocols.
Our firm’s experienced medical malpractice attorneys have been retained to investigate whether our client’s child’s injury could be tied to the care received at Henrico Doctors’ Hospital while admitted to the NICU. Below, I’ll outline the legal and procedural landscape surrounding these tragic cases, highlight the intersection of civil and criminal proceedings, and discuss the unique role an experienced attorney plays in handling such complex matters.
Understanding the NICU: A fragile environment
The NICU is one of the most specialized and carefully monitored units in any hospital, designed to care for premature and critically ill newborns. These tiny patients rely entirely on the neonatology team, which includes doctors, nurses, and respiratory therapists, to manage their fragile health. From ventilator support to feeding tubes, every aspect of their care requires skill, precision, and vigilance.
For injuries such as fractures to occur in this setting is both unusual and deeply concerning. Parents trust the NICU to provide exceptional care—so when injuries happen, it’s natural to ask: How could this happen, and why?
The intersection of criminal and civil cases
Authorities have charged a former hospital employee with malicious wounding and felony child abuse in connection with one case. While the criminal justice system focuses on determining individual culpability and punishment, civil cases aim to provide justice and compensation to those harmed.
Here’s why this dual track of litigation is particularly complex:
- Evidence sharing: Information gathered in the criminal case – such as surveillance footage or expert witness testimony – could be vital in a civil lawsuit. However, access to that evidence may be restricted until the criminal case concludes.
- Different standards of proof: Criminal cases require proof “beyond a reasonable doubt,” while civil cases rely on a “preponderance of the evidence” standard, which is lower. This distinction can affect how each case unfolds. Also, because of the different standards, a criminal defendant can be found not guilty in a criminal proceeding but still be held civilly liable.
- Timing challenges: Civil cases may be delayed to avoid interfering with criminal proceedings. This can be frustrating for families seeking timely answers and accountability.
Why you need an experienced medical malpractice attorney
Handling a medical malpractice case in the shadow of a criminal investigation requires a nuanced approach:
- Understanding hospital procedures: Familiarity with NICU protocols and medical records is critical. We’ll work with neonatologists, pediatric orthopedists, and other experts to analyze the care provided to determine whether or not any healthcare providers were negligent in the care and treatment provided.
- Navigating legal complexities: Coordinating with law enforcement and preserving evidence requires skill. An experienced attorney ensures the civil case stays on track while respecting the boundaries of the criminal investigation.
- Advocating for families: For families already coping with trauma, we provide a steady hand and clear guidance, helping them understand their rights and options.
A larger conversation about patient safety
This case also raises broader questions about patient safety in high-stakes medical settings. Could systemic issues such as potential staffing shortages, inadequate training, or problems in the hiring process have contributed to these injuries? Are there lessons to be learned that could prevent similar tragedies in the future?
As troubling as these cases are, they provide an opportunity to improve care standards and accountability, ensuring no other family endures such heartbreak.
The team at Allen & Allen are here to help
If your child suffered an unexplained fracture or other injury during an admission to the NICU at Henrico Doctors’ Hospital, you may have questions about what happened, and whether your family has legal options. At Allen & Allen, we are here to provide the answers you deserve and to fight for justice on your behalf.
Our experienced team understands the complexities of cases like this, and we are committed to holding healthcare providers accountable for any harm caused by negligence or other wrongdoing. Contact us today for a free and confidential case consultation at 866-388-1307. You don’t have to face this difficult situation alone—we are here to help.
